In Matter of Youngs v. Division of Probation and Correction Alternatives, 175 Misc.2d 51 (Cty. Ct. Yates Cty. 1997) a defendant claimed that he was incorrectly assessed points for forcible compulsion, sexual intercourse and multiple acts of sexual conduct since he was convicted of only one count of statutory rape and acquitted on the other count. However, the court noted that by reviewing the victim impact statement, sworn statements of the victims, and probation report, there was clear and convincing evidence that the defendant did engage in forcible compulsion even though he was not indicted for such an act. Specifically, the court ( 175 Misc. 2d 51 at 55) held: "At first blush the defendant's arguments concerning this factor are compelling. After all, if the jury had acquitted on both counts, the defendant would not be subject to article 6-C at all, despite the sworn statements by the victim concerning multiple incidents of sexual intercourse. But, since the Risk Assessment Guidelines and Commentary allowed the [Board] to review the record despite the acquittal, this court cannot say that the Board's determination to assess points for this factor was arbitrary and capricious or an abuse of discretion."