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PEOPLE v. ELLIS

54 KA 20-00788.

204 A.D.3d 1388 (2022)

166 N.Y.S.3d 772

2022 NY Slip Op 02654

The People of the State of New York, Respondent, v. Dalton J. Ellis, Appellant.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by determining that defendant is a level two risk pursuant to the Sex Offender Registration Act and as modified the order is affirmed without costs.

Memorandum: On appeal from an order adjudicating him to be a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq. [SORA]), defendant contends that County Court erred in assessing...

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