People v. Duart
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, Suffolk County (Kahn, J.), dated April 17, 2009, 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.
The Supreme Court initially determined that the defendant was a level two sex offender, assessing 90 points for factors that included a history of drug abuse, the relationship between the defendant and the victim, and the number of victims. The Supreme Court then upwardly departed from the risk assessment to…
2Cases cited13 opinions
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