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PEOPLE v. GARCIA

2018-10816.

178 A.D.3d 1097 (2019)

112 N.Y.S.3d 553

2019 NY Slip Op 09304

The People of the State of New York, Respondent, v. Jose Garcia, Appellant.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Laurette D. Mulry , Riverhead, NY ( Kirk R. Brandt of counsel; Devin Loguercio on the brief), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Marion Tang of counsel), for respondent.

Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur.

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

Contrary to the defendant's contention, the People sustained their burden of demonstrating, by clear and convincing evidence (see Correction Law § 168-n[3]), the facts supporting the designation of the defendant as a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]). In this regard, the case summary prepared by the Board of...

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