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PEOPLE v. MOLLENKOPF

54 A.D.3d 1136 (2008)

864 N.Y.S.2d 215

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MOLLENKOPF, Appellant.

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

September 25, 2008.

KAVANAGH, J.

In 2005, defendant pleaded guilty to attempted sodomy in the second degree and was sentenced as a second felony offender to a prison term of 2 to 4 years. In anticipation of defendant's release from custody, the Board of Examiners of Sex Offenders gave defendant a risk assessment score of 100, thereby presumptively classifying him as a risk level two sex offender, but recommended an upward departure to risk...

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