PEOPLE v. TEJADA


51 A.D.3d 472 (2008)

857 N.Y.S.2d 558

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS TEJADA, Appellant.

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

Decided May 8, 2008.


The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level two sex offender adjudication. The court properly assessed points under the risk factor for relationship with the victim. Defendant and the victim were clearly strangers at the time of the sex crime, since his Internet exchanges with the victim over the course of three days did not rise to the level of any manner of acquaintanceship...

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