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PEOPLE v. FILKINS

514025.

107 A.D.3d 1069 (2013)

968 N.Y.S.2d 621

2013 NY Slip Op 4064

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH J. FILKINS II, Appellant.

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

Decided June 6, 2013.

Stein, J.

Defendant pleaded guilty to attempted rape in the second degree and was sentenced to 90 days of incarceration and 10 years of probation. Consequently, the People submitted a risk assessment instrument (hereinafter RAI) in accordance with the Sex Offender Registration Act (see Correction Law art 6-C), which presumptively classified defendant as a risk level two sex offender. At defendant's subsequent appearance before County Court with counsel, the...

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