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PEOPLE v. PARKER

2446, 6342/95.

145 A.D.3d 523 (2016)

2016 NY Slip Op 08325

43 N.Y.S.3d 43

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY PARKER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 13, 2016.

Clear and convincing evidence demonstrated that defendant was "armed with a dangerous instrument" at the time of the underlying sexual offenses, justifying the assessment of 30 points under risk factor one (see People v Pettigrew, 14 N.Y.3d 406, 409 [2010]). The record supports the inference that, as to the first sexual attack, there was a continuing incident during which defendant pointed a handgun at the victim. In the second sexual...

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