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State v. Lawless

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2007
44 A.D.3d 738 (N.Y. App. Div. 2007)

Opinion

No. 2006-07383.

October 9, 2007.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated May 25, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for Respondent.

ROBERT W. SCHMIDT, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, MARK C. DILLON, JJ.

Before: Schmidt, J.E, Santucci, Florio and Dillon, JJ., concur.


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

The County Court's determination designating the defendant a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed ( see Correction Law § 168-n; People v Glenn, 24 AD3d 427 [2005]). Contrary to the defendant's contention, the assessment of 30 points under risk factor 5 was appropriate ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006 ed]).


Summaries of

State v. Lawless

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2007
44 A.D.3d 738 (N.Y. App. Div. 2007)
Case details for

State v. Lawless

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN R. LAWLESS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 9, 2007

Citations

44 A.D.3d 738 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7678
842 N.Y.S.2d 729

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