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PEOPLE v. BUCHANAN

5726. 861/11.

158 A.D.3d 523 (2018)

68 N.Y.S.3d 704

2018 NY Slip Op 01135

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE BUCHANAN, Appellant.

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

Decided February 15, 2018.

The Court properly assessed 20 and 10 points, respectively, under the risk factors for the victim's helplessness and for forcible compulsion, because the victim's reliable account demonstrated both physical helplessness and forcible compulsion at different times during the incident (see People v Alvarez-Perez, 155 A.D.3d 430 [1st Dept 2017]).

The court providently exercised its discretion when it declined to grant a downward...

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