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PEOPLE v. SUDDERTH

9054, 8958/98.

171 A.D.3d 593 (2019)

96 N.Y.S.3d 852

2019 NY Slip Op 02989

The People of the State of New York, Respondent, v. Seth Sudderth, Appellant.

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

Decided April 23, 2019.

The court properly assessed 10 points under the risk factor for use of violence, given the threats made by defendant in the course of his sexual abuse of a very young child (see People v Hosear, 134 A.D.3d 633 [1st Dept 2015]). Regardless of whether defendant's correct point score is 125, or 115 as he contends, he remains a level three offender, and we find no basis for a downward departure (see People v Gillotti, ...

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