PEOPLE v. SESTITO

2018-14604.

195 A.D.3d 869 (2021)

145 N.Y.S.3d 849

2021 NY Slip Op 03859

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

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

Decided June 16, 2021.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Rebecca J. Gannon of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Morgan J. Dennehy , and Jason Eldridge of counsel), for respondent.

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


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

The defendant pleaded guilty to attempted possession of a sexual performance by a child, a class A misdemeanor, and was sentenced to probation. At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C) to determine the defendant's risk level, defense counsel requested that...

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