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PEOPLE v. PORCIELLO

2020-06400.

193 A.D.3d 993 (2021)

142 N.Y.S.3d 829

2021 NY Slip Op 02428

The People of State of New York, Respondent, v. John R. Porciello, Appellant.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

Warren M. Silverman , Kew Gardens, NY, for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Ellen C. Abbot , and Aharon Diaz of counsel), for respondent.

Chambers, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur.

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

In December 2018, the defendant was convicted, upon his plea of guilty, of possession of a sexual performance by a child less than 16 (Penal Law § 263.16). In this proceeding pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the Supreme Court, after a hearing, designated the defendant a level two sex offender based upon the assessment of a total...

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