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DOE v. O'DONNELL

511541.

86 A.D.3d 238 (2011)

924 N.Y.S.2d 684

2011 NY Slip Op 4804

In the Matter of JOHN DOE, Appellant, v. DENISE O'DONNELL, as Commissioner of the New York State Division of Criminal Justice Services, Respondent.

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

Decided June 9, 2011.

Attorney(s) appearing for the Case

Kindlon, Shanks & Associates, Albany ( Kathy E. Manley of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Robert M. Goldfarb of counsel), for respondent.

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

OPINION OF THE COURT

PETERS, J.P.

Convicted in Suffolk County in 1997 of the crime of sodomy in the third degree, petitioner was required to register as a sex offender under the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) and was subsequently adjudicated a risk level two sex offender. He thereafter relocated to Virginia where, based on his New York conviction, he was also required to register as a sex offender. In...

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