PEOPLE v. SCHWARTZ

1141 KA 16-00076.

145 A.D.3d 1548 (2016)

2016 NY Slip Op 08698

42 N.Y.S.3d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD SCHWARTZ, Appellant.

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

Decided December 23, 2016.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). County Court determined that defendant was a presumptive level three risk by applying the automatic override for a psychological abnormality "that decreases his ability to control impulsive sexual behavior...

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