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PEOPLE v. KEARNS

1491 KA 08-02002

68 A.D.3d 1713 (2009)

2009 NY Slip Op 9800

891 N.Y.S.2d 802

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY M. KEARNS, Appellant.

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

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously modified in the exercise of discretion by determining that defendant is a level two risk pursuant to the Sex Offender Registration Act and as modified the order is affirmed without costs.

Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.), defendant contends that County Court...

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