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PEOPLE v. DENNY

509842.

87 A.D.3d 1230 (2011)

929 N.Y.S.2d 886

2011 NY Slip Op 6607

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH A. DENNY, Appellant.

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

Decided September 29, 2011.

STEIN, J.

Defendant pleaded guilty to attempted rape in the second degree in 2008 and was sentenced to a prison term of 1½ to 3 years. In anticipation of his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument assessing points for, among other things, defendant's prior conviction for attempted rape in the second degree. Although the points assessed classified defendant as a risk level two sex offender, the Board...

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