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PEOPLE v. MOSS

No. 87 SSM 43

22 N.Y.3d 1094 (2014)

5 N.E.3d 26

982 N.Y.S.2d 55

2014 NY Slip Op 903

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

Court of Appeals of New York.

Decided February 13, 2014.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( James Eckert of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Nancy Gilligan of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

Both Supreme Court and the Appellate Division (107 A.D.3d 1574 [2013]) failed to articulate a proper legal basis for adjudicating the defendant a risk level three sex offender under the Sex Offender Registration...

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