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SMITH v. DEVANE

507802

73 A.D.3d 179 (2010)

898 N.Y.S.2d 702

In the Matter of KARLOS SMITH, Appellant, v. ELIZABETH M. DEVANE, as Chairperson of the New York State Board of Examiners of Sex Offenders, et al., Respondents.

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

Decided April 8, 2010.

Attorney(s) appearing for the Case

Tilem & Campbell, P.C., White Plains ( John Campbell of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Robert M. Goldfarb of counsel), for respondents.

ROSE, KAVANAGH, STEIN and EGAN JR., JJ., concur.

OPINION OF THE COURT

SPAIN, J.P.

In 1994, in Texas District Court, Victoria County, petitioner, then a resident of Texas, entered a guilty plea as charged in an indictment to first degree aggravated sexual assault of a child, a felony (see Tex Penal Code Ann § 22.021), stemming from charges he subjected a 10-year-old relative to sexual contact on several occasions. The Texas court, acting in its discretion under chapter 42 of the Texas Code of...

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