PEOPLE v. KRAUS


45 A.D.3d 826 (2007)

847 N.Y.S.2d 142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS KRAUS, Appellant.

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

Decided November 27, 2007.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new determination.

The defendant sexually assaulted his former job counselor. At the hearing pursuant to the Sex Offender Registration Act (hereinafter SORA), the Supreme Court assessed the defendant 20 points under risk factor 7 of the SORA Guidelines because the offense "arose in the context of a professional relationship...

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