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PEOPLE v. GALARZA

SCI. No. 2437/18. Appeal No. 707. Case No. 2021-01263.

220 A.D.3d 449 (2023)

197 N.Y.S.3d 193

2023 NY Slip Op 05044

The People of the State of New York, Respondent, v. Luis Galarza, Appellant.

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

Decided October 5, 2023.

Attorney(s) appearing for the Case

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

Darcel D. Clark , District Attorney, Bronx ( Elliott Robert Hamilton of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about April 9, 2021, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to the extent of deleting the 20 points assessed under factor 4, and otherwise affirmed, without costs.

Initially, as the People concede, clear and convincing evidence was lacking to support the 20 points assessed against...

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