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PEOPLE v. POOLE

9907, 4438/05.

105 A.D.3d 654 (2013)

963 N.Y.S.2d 259

2013 NY Slip Op 2843

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS POOLE, Appellant.

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

Decided April 25, 2013.

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered May 24, 2011, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

A level three adjudication is appropriate. Both the court's upward departure to level three, which formed an alternative basis for the adjudication, and its refusal...

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