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PEOPLE v. CUSPERT

2016-00089.

172 A.D.3d 1255 (2019)

98 N.Y.S.3d 852

2019 NY Slip Op 04013

The People of the State of New York, Respondent, v. Samuel Cuspert, Appellant.

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

Decided May 22, 2019.

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

We agree with the Supreme Court's determination assessing the defendant points under risk factor 1, for use of a dangerous instrument, and risk factor 11, for a history of substance abuse. In establishing an offender's appropriate risk level under the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), "[t]he People `bear the burden of proving the facts supporting the determinations...

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