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PEOPLE v. LABARBERA

672/07, 1409, 1408.

140 A.D.3d 463 (2016)

37 N.Y.S.3d 2

2016 NY Slip Op 04362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH LABARBERA, Appellant.

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

Decided June 7, 2016.

The record supports the court's determination (41 Misc.3d 321 [Sup Ct. NY County 2013]), made after the 2013 de novo proceeding requested by defendant in his renewal motion based on the 2012 position statement of the Board of Examiners of Sex Offenders relating to child pornography offenders (see People v Ascher, 106 A.D.3d 448 [1st Dept 2013]). Initially, we note that points may be assigned...

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