PEOPLE v. MCPHERSON

2012-11072

114 A.D.3d 653 (2014)

979 N.Y.S.2d 658

2014 NY Slip Op 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD McPHERSON, Appellant.

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

Decided February 5, 2014.


Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J.), dated November 28, 2012, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

In establishing a defendant's risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People bear the burden of establishing, by clear...

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