PEOPLE v. HORNE


61 A.D.3d 945 (2009)

876 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE HORNE, Appellant.

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

Decided April 28, 2009.


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

The defendant was designated a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C) based on an override for a prior conviction for a felony sex crime—promoting a sexual performance by a child. The defendant's contention that the override was improperly applied because that offense is not a "sex crime" is without merit. In relevant part, Correction...

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