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PEOPLE v. McCOY

2019-12357.

204 A.D.3d 1045 (2022)

165 N.Y.S.3d 333

2022 NY Slip Op 02821

The People of the State of New York, Respondent, v. Eric McCoy, Appellant.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Sam Feldman of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Ellen C. Abbot , and Benjamin E. Mannion of counsel), for respondent.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.

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

At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the defendant was assessed 120 points on the risk assessment instrument (hereinafter RAI), presumptively placing him within the range for a level three designation. An override based upon the defendant's prior felony sex crime convictions (see Sex Offender Registration Act: Risk Assessment...

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