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PEOPLE v. GERALD

16 Misc.3d 106 (2007)

842 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN GERALD, Appellant.

Supreme Court, Appellate Term, Second Department.

June 25, 2007.

Attorney(s) appearing for the Case

Legal Aid Society of Westchester County, White Plains (Stephen J. Pittari and David B. Weisfuse of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains (Shana Promuto and Valerie A. Livingston of counsel), for respondent.

TANENBAUM and LACAVA, JJ., concur; RUDOLPH, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed without costs and defendant is reclassified as a level one sex offender.

Following his plea of guilty to the crime of sexual misconduct, defendant was deemed a sex offender pursuant to section 168-a of the Correction Law. Thus, in accordance with the Sex Offender Registration Act (Correction Law art 6-C), a hearing was held...

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