PEOPLE v. O'CONNELL

511583.

95 A.D.3d 1460 (2012)

944 N.Y.S.2d 354

2012 NY Slip Op 3691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN O'CONNELL, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 10, 2012.


GARRY, J.

In 2009, defendant pleaded guilty to rape in the third degree and endangering the welfare of a child, stemming from him having sexual intercourse with a 15-year-old girl. Prior to his release from prison, the Board of Examiners of Sex Offenders presumptively classified defendant as a risk level one sex offender (65 points) in accordance with the Sex Offender Registration Act (see Correction Law art 6-C). At the risk assessment hearing that followed...

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