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PEOPLE v. FRANCIS

No. 4.

30 N.Y.3d 737 (2018)

71 N.Y.S.3d 394

94 N.E.3d 882

2018 NY Slip Op 01017

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUDE FRANCIS, Appellant.

Court of Appeals of New York.

Decided February 13, 2018.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Jenin Younes and Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Anthea H. Bruffee and Leonard Joblove of counsel), for respondent.

Michael C. Pope , Youth Represent, New York City ( Saskia Valencia and Eric Eingold of counsel), and Judy M. Whiting , General Counsel, Community Service Society, New York City, for Youth Represent and another, amici curiae.

Eric T Schneiderman , Attorney General, New York City ( Eric Del Pozo , Barbara D. Underwood and Steven C. Wu of counsel), for New York State Board of Examiners of Sex Offenders, amicus curiae.

Chief Judge DIFIORE and Judges STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

On this appeal, defendant challenges his designation as a level three sex offender pursuant to New York's Sex Offender Registration Act (SORA), claiming that the State Board of Examiners of Sex Offenders (Board) may not consider his youthful offender (YO) adjudication when assessing his risk to reoffend...

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