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PEOPLE v. FAREIRA

2009-04496.

80 A.D.3d 589 (2011)

914 N.Y.S.2d 651

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FAREIRA, Appellant.

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

Decided January 11, 2011.

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

The People established, by clear and convincing evidence, that the defendant had been previously convicted of two felony sex crimes. Therefore, he was presumptively a level three sex offender pursuant to the Sex Offender Registration Act by application of "automatic override number one" in his Risk Assessment Instrument, which override addresses a prior felony conviction for a sex crime (see

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