PEOPLE v. MALLORY


293 A.D.2d 881 (2002)

740 N.Y.S.2d 530

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MALLORY, Appellant.

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

Decided April 18, 2002.


Crew III, J.

In this appeal from County Court's sex offender risk level classification, defendant contends that the court erred in increasing his classification from the risk level I recommended by the Board of Examiners of Sex Offenders to the risk level II requested by the People. Although the court was not bound by the recommendation of the Board, "the risk level assessment must be supported by clear and convincing evidence in the record" (Matter of Vandover...

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