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PEOPLE v. MOSS

640 KA 12-00605.

107 A.D.3d 1574 (2013)

966 N.Y.S.2d 711

2013 NY Slip Op 4495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT MOSS, Appellant.

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

Decided June 14, 2013.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that defendant is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.), defendant contends that Supreme Court violated Correction Law § 168-n (3) by making an upward departure from the presumptive risk level without requiring the People to provide him with prior...

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