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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD L. STEVENS, JR., Appellant.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's contention that the assessment of points against him based upon the victim's physical helplessness constituted improper "double counting" because he was also assessed points based upon the victim's age is without merit ( see People v Davenport, 38 AD3d 634; People v Vaughn, 26 AD3d 776).

The defendant's remaining contentions are without merit.

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PEOPLE v. STEVENS
(Feb 13, 2008)