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PEOPLE v. DEJEAN

Ind. No. 5644/14. Appeal No. 15891. Case No. 2017-2306.

205 A.D.3d 460 (2022)

165 N.Y.S.3d 698

2022 NY Slip Op 03056

The People of the State of New York, Respondent, v. Giscard DeJean, Appellant.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York (Pauline Syrnik of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Catherine Marotta of counsel), for respondent.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

The court correctly assessed defendant 30 and 10 points, respectively, under the risk factors for prior sex crime and recency of prior sex crime, based on his prior conviction of forcible touching, in violation of Penal Law § 130.52. That crime is a misdemeanor sex crime for purposes of these risk factors (see People v Garcia, 192 A.D.3d 833, 833 [2d Dept 2021], lv denied 37 N.Y.3d 910 [2021]), notwithstanding...

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