PEOPLE v. MARTIN

2010-04338.

90 A.D.3d 728 (2011)

934 N.Y.S.2d 321

2011 NY Slip Op 9105

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. WHATKEY MARTIN, Appellant.

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

Decided December 13, 2011.


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

The Board of Examiners of Sex Offenders (hereinafter the Board), assessed the defendant as a presumptive level three sexually violent offender based upon a total risk factor score on the risk assessment instrument of 140 points. At a hearing pursuant to Correction Law article 6-C, the Supreme Court deducted 20 points from the defendant's risk assessment score, leaving the defendant with a risk assessment...

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