PEOPLE v. GAITO


28 A.D.3d 1018 (2006)

813 N.Y.S.2d 273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH A. GAITO, Appellant.

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

April 27, 2006.


Carpinello, J.

In 1989, defendant was convicted for use of a child in a sexual performance (eight counts) and sodomy in the second degree stemming from his sexual encounters with two underage females. In 1997, he was determined to be a risk level III sex offender but thereafter requested a redetermination hearing pursuant to Doe v. Pataki (3 F.Supp.2d 456 [1998]). Following that hearing, defendant was again classified...

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