PEOPLE v. BROCATO

2019-04620.

188 A.D.3d 728 (2020)

131 N.Y.S.3d 645

2020 NY Slip Op 06295

The People of the State of New York, Respondent, v. Anthony Brocato, Appellant.

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

Decided November 4, 2020.


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the defendant is designated a level one sex offender.

In July of 2015, the defendant was convicted in Louisiana of two counts of felony carnal knowledge of a juvenile, which is committed when a person who is at least 17 years of age has sexual intercourse, "with consent," with a person who is 13 to 16 years of age, when the victim is not the spouse of the offender, and...

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