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PEOPLE v. WIMBERLY

34 A.D.3d 292 (2006)

824 N.Y.S.2d 80

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIS WIMBERLY, Appellant.

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

Decided November 14, 2006.

The People met their burden of establishing various risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Even if defendant's out-of-state robbery convictions did not qualify as prior violent felonies for sex offender classification purposes, they at least qualified as felonies for such purposes (cf. Penal Law 10.00 [5]; People v Parker, 41 N.Y.2d 21 [1976]; People...

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