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PEOPLE v. WINNEY

43 A.D.3d 1239 (2007)

842 N.Y.S.2d 610

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK WINNEY, Appellant.

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

Decided September 20, 2007.

Lahtinen, J.

In 1991, defendant was convicted of rape in the first degree (two counts) and sodomy in the first degree (two counts) and was sentenced to 12½ to 25 years in prison. In anticipation of defendant's conditional release, County Court conducted a hearing to determine his risk level status in accordance with the Sex Offender Registration Act (see Correction Law art 6-C). Based upon the existence of an override factor, namely, defendant's 1977 conviction...

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