PEOPLE v. GALANTTER (2024)

Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about February 27, 2018, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court's assessment of 15 points under the risk factor for causing physical injury was supported by clear and convincing evidence.  The victim's grand jury testimony describing defendant's attack on a subway platform where he grabbed her and forcefully digitally penetrated her, and her resultant pain and soreness, supports an inference of substantial pain (People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007];  see People v. Davalos, 217 A.D.3d 549, 550, 191 N.Y.S.3d 394 [1st Dept. 2023], lv denied 40 N.Y.3d 904, 2023 WL 6153356 [2023]).