PEOPLE v. CARTER

2009-09466.

85 A.D.3d 995 (2011)

925 N.Y.S.2d 874

2011 NY Slip Op 5472

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CARTER, Appellant.

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

Decided June 21, 2011.


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

The People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime. Therefore, he was presumptively a level three sex offender pursuant to an automatic override addressing prior felony convictions for sex crimes (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 3-4 [2006]; People v Fareira,...

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