People v. Birch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (Breslin, J.), entered January 23, 2012 in Albany County, which classified defendant as a risk level II sex offender pursuant to the Sex Offender Registration Act.
In 2011, defendant waived indictment and pleaded guilty to a superior court information charging him with one count of rape in the third degree (see Penal Law § 130.25 [2]) and was sentenced to six months in jail and placed on probation for a period of 10 years. In anticipation of his release, the Board of Examiners of Sex Offenders prepared a risk assessment instrument in accordance with…
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