People v. Saleemi

In People v. Saleemi, 186 Misc.2d 177, 718 N.Y.S.2d 139 (Sup. Ct. Queens Cty. 2000) the defendant was initially indicted for first-degree rape, second-degree kidnaping, first-degree sexual abuse, second-degree assault, petit larceny and fourth degree weapons possession. He later pled guilty to first-degree sexual abuse. In classifying him as a risk level two, the court assessed points for being armed with a dangerous instrument and engaging in sexual intercourse with the victim. The court relied upon the victim's Grand Jury testimony, defendant's statements to the police and his plea allocution. The court ( 186 Misc. 2d at 180) held: "In determining the risk factors here, this court is not limited to the single charge of sexual abuse in the first degree to which defendant pleaded guilty. The sworn Grand Jury . . . testimony of the victim . . . and defendant's statement to the police, demonstrate by clear and convincing evidence that defendant . . . possessed a knife and that he did have forcible sexual intercourse with the victim. The plea allocution corroborates the victim's prior testimony that defendant forcibly had sexual contact with her."