People v. Whyte
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). The Board of Examiners of Sex Offenders (Board) prepared a risk assessment instrument (RAI) that classified defendant as a level one risk. Following a hearing, however, County Court agreed with the People that additional points should be assessed under three risk factors, and thus defendant was presumptively classified as a level two risk. The court also noted that, in the event that it had not assessed the additional points, it…
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