PEOPLE v. JOHNSON

2021-00544.

203 A.D.3d 762 (2022)

160 N.Y.S.3d 660

2022 NY Slip Op 01332

The People of the State of New York, Respondent, v. Charles Johnson, Appellant.

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

Decided March 2, 2022.


Attorney(s) appearing for the Case

Clare J. Degnan , White Plains, NY ( Salvatore A. Gaetani of counsel; Hayley Cohen on the brief), for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Shea Scanlon Lomma and William C. Milaccio of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.


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

In 2019, the defendant was convicted, upon his plea of guilty, of attempted sexual abuse in the first degree. Prior to his scheduled release from prison, the Board of Examiners of Sex Offenders (hereinafter the Board) assessed the defendant a total of 65 points, which would make him a presumptive level one sex offender. The Board did not recommend a departure from that risk level.

At a hearing...

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