PEOPLE v. LUEBBERT

507011.

73 A.D.3d 1399 (2010)

901 N.Y.S.2d 754

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LUEBBERT, Appellant.

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

Decided May 27, 2010.


Cardona, P.J.

Following a jury trial, defendant was convicted of three counts of sexual abuse in the third degree and one count of endangering the welfare of a child. The Board of Examiners of Sex Offenders thereafter prepared a risk assessment instrument that presumptively classified defendant as a risk level two sex offender. County Court adopted the Board's recommendation and defendant now appeals, contending that he was improperly scored points for continuing...

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