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PEOPLE v. SMITH

6462, 4643/99.

161 A.D.3d 430 (2018)

72 N.Y.S.3d 830

2018 NY Slip Op 03214

The People of the State of New York, Respondent, v. Paul Smith, Appellant.

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

Decided May 3, 2018.

Each of the court's point assessments at issue was supported by clear and convincing evidence. The court correctly assessed points for use of a dangerous instrument and multiple victims based on grand jury testimony (see People v Sincerbeaux, 27 N.Y.3d 683, 687 [2016]) establishing that defendant cut one victim with a knife or other edged weapon, and that he attempted to rape a second victim. The court properly assessed points for...

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