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PEOPLE v. CALLOWAY

51 A.D.3d 646 (2008)

855 N.Y.S.2d 916

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL CALLOWAY, Appellant.

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

Decided May 6, 2008.

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

The Supreme Court's determination to assess the defendant 15 points for risk factor 11, as well as 15 points for risk factor 12, was supported by clear and convincing evidence based, inter alia, on facts contained in the pre-sentence report, the case summary prepared by the Board of Examiners of Sex Offenders, and the risk assessment instrument (see People v Donhauser, 37 A...

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