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PEOPLE v. VANDERMALLIE

748 KA 22-01851.

221 A.D.3d 1500 (2023)

200 N.Y.S.3d 852

2023 NY Slip Op 05845

The People of the State of New York, Respondent, v. David C. Vandermallie, Appellant.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

JULIE CIANCA , PUBLIC DEFENDER, ROCHESTER ( DAVID R. JUERGENS , OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Curran, Bannister, Ogden and DelConte, JJ.

Appeal from an order of the Monroe County Court (Michael L. Dollinger, J.), entered September 29, 2022. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

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: Defendant...

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