PEOPLE v. MALLABER


59 A.D.3d 989 (2009)

874 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH K. MALLABER, Appellant.

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

Decided February 6, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Following a SORA hearing, defendant was presumptively classified as a level two risk based on a total risk factor score of 85. County Court then determined, however, that an upward departure to...

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