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PEOPLE v. CRUZ

6650. 30164/16.

161 A.D.3d 622 (2018)

2018 NY Slip Op 03742

The People of the State of New York, Respondent, v. Jose Santa Cruz, Appellant.

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

Decided May 24, 2018.

Clear and convincing evidence supported the court's point assessments under the risk factors for sexual contact and continuing course of conduct. The court correctly relied on facts contained in a California probation report recounting the victim's allegations of sexual abuse (see People v Mingo, 12 N.Y.3d 563, 573 [2009]). Although there was a difference between the conduct described in this report and the crime of which defendant...

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