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PEOPLE v. BALLENILLA

5709. 450/10.

158 A.D.3d 515 (2018)

68 N.Y.S.3d 707

2018 NY Slip Op 01124

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ILIUS BALLENILLA, Appellant.

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

Decided February 15, 2018.

A risk level two adjudication was supported by clear and convincing evidence. The court correctly made point assessments based on facts contained in the victim's grand jury testimony (see People v Mingo, 12 N.Y.3d 563, 573 [2009]), defendant's guilty plea (see Correction Law § 168-n [3]), or both, and defendant's challenges to these assessments are unavailing. We have considered...

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