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PEOPLE v. BROWN

5 Misc.3d 529 (2004)

782 N.Y.S.2d 189

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DERRICK BROWN, Defendant.

Supreme Court, Kings County.

September 23, 2004.

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Thomas McGivney of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Shawn Mallon of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM E. GARNETT, J.

When determining the registration level of a sex offender convicted of possessing a sexual performance by a child (Penal Law § 263.16) pursuant to the Sex Offender Registration Act (hereinafter SORA; Correction Law art 6-C), should the court consider the children depicted in a performance as "victims" in applying the risk factors established by the Board of Examiners...

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