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PEOPLE v. SPALONE

2020-00607.

195 A.D.3d 761 (2021)

145 N.Y.S.3d 414

2021 NY Slip Op 03624

The People of the State of New York, Respondent, v. Joseph Spalone, Appellant.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Langone & Associates, PLLC, Garden City, NY ( Richard M. Langone of counsel), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Timothy P. Finnerty of counsel), for respondent.

Dillon, J.P., Austin, Barros, Brathwaite Nelson and Christopher, JJ., concur.

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

The defendant was convicted in federal court, upon his plea of guilty, of one count of possession of child pornography (see 18 USC § 2252[a][4][B]; [b][2]). After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the County Court assessed the defendant 80 points, including 30 points under risk factor 3 (number of victims) and 20 points...

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