People v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated October 25, 2007, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
*761Based upon his 1986 conviction in New Jersey for aggravated sexual assault, the defendant was presumptively classified as a level two sex offender by the Board of Examiners of Sex Offenders, which did not recommend an upward departure. However, at a later hearing, the People sought such departure based upon the…
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