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PEOPLE v. PIERRE

2017-02505.

189 A.D.3d 1092 (2020)

133 N.Y.S.3d 835

2020 NY Slip Op 07407

The People of State of New York, Respondent, v. David Pierre, Appellant.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Susan Epstein of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Joyce Slevin , and Coby Ballard of counsel), for respondent.

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

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

The People established, by clear and convincing evidence as required by Correction Law § 168-n(3), that the defendant was a presumptive risk level two offender based upon a total risk factor score of 80 points. The Supreme Court was not bound by the recommendation of the Board of Examiners of Sex Offenders which did not assess points under risk factors 3 and 7 (see People v Gillotti, ...

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