PEOPLE v. ROBERTS


54 A.D.3d 1106 (2008)

863 N.Y.S.2d 837

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

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

September 18, 2008.


MALONE Jr., J.

In satisfaction of a three-count indictment, defendant pleaded guilty to sexual abuse in the first degree and was sentenced, as a second felony offender, to three years in prison and five years of postrelease supervision. Although defendant was presumptively classified as a risk level two sex offender, the Board of Examiners of Sex Offenders sought an upward departure and recommended that defendant be classified as a risk level three predicate sex offender...

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