PEOPLE v. GUALLPA-LEMA

2019-06783.

188 A.D.3d 1108 (2020)

132 N.Y.S.3d 648

2020 NY Slip Op 06819

The People of State of New York, Respondent, v. Kevin Guallpa-Lema, Appellant.

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

Decided November 18, 2020.


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

After a hearing on May 17, 2019, the defendant was designated a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), based on his conviction, upon a plea of guilty, of rape in the third degree (Penal Law § 130.25[3]).

In establishing an offender's appropriate risk level assessment under SORA, the People bear "the burden of proving...

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