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PEOPLE v. VELAZQUEZ

2013-06694

130 A.D.3d 997 (2015)

13 N.Y.S.3d 574

2015 NY Slip Op 06323

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY VELAZQUEZ, Appellant.

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

Decided July 29, 2015.

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

The People bear the burden of establishing, by clear and convincing evidence, the facts supporting the assessment of points under the Guidelines issued by the Board of Examiners of Sex Offenders pursuant to the Sex Offender Registration Act (see Correction Law § 168-n [3]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]). "[E]vidence may be derived...

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