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PEOPLE v. WHITE

39 A.D.3d 979 (2007)

833 N.Y.S.2d 726

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD E. WHITE, Appellant.

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

Decided April 12, 2007.

Spain, J.

Following a jury trial, defendant was convicted in 1997 of rape in the second degree and sodomy in the second degree and was sentenced to state prison. Pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), a hearing was conducted, after which County Court, upon defendant's consent, classified defendant as a risk level II sex offender. Defendant now appeals, contending that County Court improperly assigned 10 points to his risk...

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