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PEOPLE v. BLIGEN

33 A.D.3d 489 (2006)

823 N.Y.S.2d 42

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY BLIGEN, Appellant.

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

Decided October 24, 2006.

Defendant's constitutional challenge to the use of the risk assessment instrument is barred by the stipulation of settlement (96 Civ 1657 [DC]) entered into by the parties, including defendant, in Doe v Pataki (3 F.Supp.2d 456 [SD NY 1998]). This stipulation clearly provides that for each plaintiff whose risk level was to be redetermined pursuant to that decision, the new risk assessment instrument would continue to apply the...

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