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PEOPLE v. PENDERGRAST

48 A.D.3d 356 (2008)

853 N.Y.S.2d 295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PENDERGRAST, Appellant.

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

Decided February 28, 2008.

Due to a typographical error in a cover letter attached to the risk assessment instrument, the People inadvertently agreed that defendant should be adjudicated a level one sex offender. Accordingly, the court properly exercised its discretion when it granted the People's motion to "reopen" the sex offender registration proceeding (see People v Wroten, 286 A.D.2d 189 [2001], lv denied 97 N.Y.2d 610 [2002]; see also Martinez...

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