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PEOPLE v. MURPHY

2006-10418

68 A.D.3d 832 (2009)

2009 NY Slip Op 9198

890 N.Y.S.2d 605

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUISE MURPHY, Appellant.

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

Decided December 8, 2009.

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

In establishing the appropriate risk level designation under the Sex Offender Registration Act (Correction Law art 6-C), the People bear the burden of proving the necessary facts by clear and convincing evidence (see Correction Law § 168-n [3]; People v Lawless, 44 A.D.3d 738 [2007]; People v Hardy, 42 A.D.3d 487

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