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PEOPLE v. HICKS

197 KA 20-01368.

203 A.D.3d 1679 (2022)

162 N.Y.S.3d 833

2022 NY Slip Op 01917

The People of the State of New York, Respondent, v. Joseph Hicks, Appellant.

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

Decided March 18, 2022.

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— Peradotto, J.P., Lindley, Curran, Winslow and Bannister, 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. [SORA]), defendant contends, and the People correctly concede, that County Court erred in assessing five points against him under risk factor 9 based on a misdemeanor...

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