PEOPLE v. ORTIZ

4369 14/10.

160 A.D.3d 442 (2018)

74 N.Y.S.3d 34

2018 NY Slip Op 02404

The People of the State of New York, Respondent, v. Yosttin Ortiz, Appellant.

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

Decided April 5, 2018.


The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication (see Correction Law § 168-n [3]). Defendant was properly assessed points under the risk factor for being a stranger to the victim. To impute to defendant the codefendant's alleged acquaintance with the victim would be an illogical application...

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