PEOPLE v. RODRIGUEZ

Ind. No. 4165/15, Appeal No. 1981, Case No. 2018-04326.

2024 NY Slip Op 01878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERSON RODRIGUEZ, Defendant-Appellant.

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

Decided April 4, 2024.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Rebecca D. Martin of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Before: Kern, J.P., Singh, González, Pitt-Burke, Rosado, JJ.


Order, Supreme Court, New York County (Melissa C. Jackson, J.), entered on or about January 3, 2017, as amended June 22, 2023, which adjudicated defendant a level two sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to the extent of reducing the adjudication from level two to level one, and otherwise affirmed, without costs.

The court should not have assessed 10 points...

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