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PEOPLE v. POLEUN

No. 128

26 N.Y.3d 973 (2015)

40 N.E.3d 563

18 N.Y.S.3d 586

2015 NY Slip Op 07527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES R. POLEUN, Appellant.

Court of Appeals of New York.

Decided October 15, 2015.

Attorney(s) appearing for the Case

David J. Farrugia , Public Defender, Lockport ( Joseph G. Frazier of counsel), for appellant.

Michael J. Violante , District Attorney, Lockport ( Laura T. Bittner of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM and STEIN concur; Judge FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Defendant pleaded guilty to one count of possession of a sexual performance by a child (Penal Law § 263.16), in full satisfaction of the charges against him. He was sentenced to an indeterminate term of 11/3 to 4 years.

As defendant neared his expected release, the Board of Examiners of Sex Offenders prepared a risk assessment instrument...

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