People v. Mallory
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the County Court of Columbia County (Leaman, J.), rendered April 13, 2001, which classified defendant as a risk level II sex offender pursuant to the Sex Offender Registration Act.
In this appeal from County Court’s sex offender risk level classification, defendant contends that the court erred in increasing his classification from the risk level I recommended by the Board of Examiners of Sex Offenders to the risk level II requested by the People. Although the court was not bound by the recommendation of the Board, “the risk level assessment must be supported by clear…
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