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MATTER OF WEINSTEIN

304 A.D.2d 769 (2003)

757 N.Y.S.2d 772

In the Matter of JONATHAN WEINSTEIN, Appellant. PEOPLE OF THE STATE OF NEW YORK, Respondent.

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

Decided April 21, 2003.

Ordered that the order is reversed, on the law, without costs or disbursements, and the petitioner is designated a level one sex offender.

The Supreme Court's determination designating the petitioner a level two sex offender is not supported by clear and convincing evidence in the record (see Correction Law § 168-l [6] [b]; § 168-n [3]; People v Mallory, 293 A.D.2d 881 [2002]). Rather, the evidence...

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