PEOPLE v. PELLETIER

No. 788 KA 20-01371.

198 A.D.3d 1362 (2021)

155 N.Y.S.3d 262

2021 NY Slip Op 05425

The People of the State of New York, Respondent, v. Austin Pelletier, Appellant.

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

Decided October 8, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

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


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

Memorandum: On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court engaged in impermissible double counting by assessing points against him under risk factors 12, 13 and 14 based on the same underlying conduct. We reject that contention. Defendant...

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