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PEOPLE v. SMITH

2014-03071.

158 A.D.3d 654 (2018)

70 N.Y.S.3d 535

2018 NY Slip Op 00856

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. FREDERICK SMITH, Appellant.

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

Decided February 7, 2018.

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

The defendant was convicted, upon his plea of guilty, of rape in the third degree. After a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the Supreme Court determined that the defendant was a presumptive level two sex offender based on his total score of 80 points on the risk assessment instrument. However, upon the recommendation of the...

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