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PEOPLE v. ZELAYA

2010-11945.

176 A.D.3d 1126 (2019)

113 N.Y.S.3d 85

2019 NY Slip Op 07630

The People of the State of New York, Respondent, v. Luis Zelaya, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Nancy E. Little of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Morgan J. Dennehy , and Daniel Berman of counsel), for respondent.

Scheinkman, P.J., Hinds-Radix, LaSalle and Barros, JJ., concur.

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

The defendant was convicted, upon his plea of guilty, of attempted rape in the first degree. After a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), the Supreme Court designated him a level three sex offender based on the assessment of a total of 125 points. On appeal, the defendant challenges the court's assessment of 30 points under risk...

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