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PEOPLE v. SPIVEY

Nos. 5625, 1937/92

88 A.D.3d 459 (2011)

930 N.Y.S.2d 439

2011 NY Slip Op 6945

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SPIVEY, Appellant.

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

Decided October 4, 2011.

The court properly imposed a presumptive override to risk level three, since defendant's commission of robbery in the first degree four years after his release on parole in connection with his sex offense conviction constituted "a recent threat to reoffend by committing a sexual or violent crime" (see People v Woods, 45 A.D.3d 408, 409 [2007], lv denied 10 N.Y.3d...

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