PEOPLE v. O'NEAL


35 A.D.3d 302 (2006)

828 N.Y.S.2d 24

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN O'NEAL, Appellant.

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

Decided December 28, 2006.


The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Since the grand jury testimony supported a reasonable inference that the victim and defendant did not know each other, the court properly assessed those points that are applicable under the relationship-with-victim risk factor where a defendant and victim are strangers. Defendant's claim of improper...

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