PEOPLE v. AUNG

2017-13473.

202 A.D.3d 1005 (2022)

159 N.Y.S.3d 711

2022 NY Slip Op 01053

The People of the State of New York, Respondent, v. Kyaw Aung, Appellant.

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

Decided February 16, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Angie Louie and Whitney A. Robinson of counsel), for appellant.

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

Barros, J.P., Brathwaite Nelson, Miller and Wooten, JJ., concur.


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

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C), the defendant was designated a level two sex offender following his conviction of possessing a sexual performance by a child. On appeal, the defendant challenges the assessment of points under risk factors 3 (number of victims) and 7 (relationship with victim) and alternatively argues that the Supreme Court...

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