PEOPLE v. GARCIA-PONCE

Ind. No. 4933/07. Appeal No. 17166. Case No. 2018-1781.

212 A.D.3d 537 (2023)

180 N.Y.S.3d 540

2023 NY Slip Op 00278

The People of the State of New York, Respondent, v. Luis Garcia-Ponce, Appellant.

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

Decided January 24, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Svetlana M. Kornfeind of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Conor Byrnes of counsel), for respondent.

Concur—Kapnick, J.P., González, Mendez, Shulman, Higgitt, JJ.


Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about December 19, 2017, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court's assessment of 15 points under the risk factor for causing physical injury was supported by clear and convincing evidence. As to either or both of two sex abuse victims, their grand...

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