When Does a Defendant Deserve Additional Points Determining the Risk Level of His Crime ?
In determining the risk level, points may be assigned for a current offense, provided that the necessary factors are proven by clear and convincing evidence.
In People v. Jimenez (178 Misc 2d 319), the defendant had pleaded guilty to one count of attempted rape of a 10-year-old child to satisfy sex offense charges involving that child and her 15-year-old sister.
The court determined that although defendant did not plead guilty to any crimes involving the older child, the Board of Examiners' assignment of 20 additional points for the "two victims" classification was proper.
In Matter of Youngs v. Division of Probation & Correctional Alternatives (175 Misc 2d 51), the defendant was convicted of one of two counts of statutory rape.
The court held that based upon the victim's sworn statement and her taped conversation with defendant, he could be assessed an additional 10 points for "forcible compulsion."
In another case, a defendant had pleaded guilty to fondling an eight-year-old boy.
The presentence report revealed that defendant had also kissed the child's four-year-old brother in the mouth.
The court found that because there existed clear and convincing evidence of this other offense, defendant deserved additional points for "two victims." (People v. Marinconz)