PEOPLE v. HERNANDEZ

Ind. No. 939/16. Appeal No. 17413. Case No. 2018-1414.

213 A.D.3d 615 (2023)

182 N.Y.S.3d 901

2023 NY Slip Op 01067

The People of the State of New York, Respondent, v. Hector Hernandez, Appellant.

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

Decided February 28, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Amy Donner of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Kalani A. Browne of counsel), for respondent.

Concur—Kern, J.P., Oing, Kennedy, Mendez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered on or about June 2, 2017, which adjudicated defendant a level two offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People established by clear and convincing evidence that defendant and the victim were strangers, warranting the assessment of 20 points under the corresponding risk factor. The evidence showed that although they were...

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