PEOPLE v. SANDERS

641 KA 19-01431.

196 A.D.3d 1066 (2021)

147 N.Y.S.3d 482

2021 NY Slip Op 04309

The People of the State of New York, Respondent, v. Brian Sanders, Appellant.

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

Decided July 9, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( TIMOTHY S. DAVIS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq. [SORA]) after his conviction of rape in the third degree for engaging in sexual intercourse with a 16-year-old girl when he was 32 years old. We reject defendant's contention that County Court erred in refusing...

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