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PEOPLE v. KELLY

46 A.D.3d 790 (2007)

849 N.Y.S.2d 81

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FITZROY KELLY, Appellant.

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

Decided December 18, 2007.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly found that the defendant was a level three sex offender under the Sex Offender Registration Act (hereinafter SORA). The defendant's challenge to the assessment of 20 points based upon his possession of a gun during the crime is, in part, not preserved for appellate review. At the hearing, the defendant challenged only the credibility...

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