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PEOPLE v. GARRISON

38 A.D.3d 1099 (2007)

831 N.Y.S.2d 593

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD R. GARRISON, Appellant.

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

Decided March 15, 2007.

Mugglin, J.

Defendant pleaded guilty to attempted sodomy in the first degree and was thereafter sentenced to a prison term of four years. Prior to his release, the Board of Examiners of Sex Offenders evaluated and presumptively classified him as a risk level II sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), but recommended an upward departure to risk level III status. Following a hearing on the matter, County Court...

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