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People v. Spivey

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 2011
2011 N.Y. Slip Op. 6945 (N.Y. App. Div. 2011)

Opinion

5625.

Decided on October 4, 2011.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about February 9, 2009, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (David C. Bornstein of counsel), for respondent.

Andrias, J.P., Friedman, Renwick, Richter, Manzanet-Daniels, JJ.


The court properly imposed a presumptive override to risk level three, since defendant's commission of robbery in the first degree four years after his release on parole in connection with his sex offense conviction constituted "a recent threat to reoffend by committing a sexual or violent crime" ( see People v Woods, 45 AD3d 408, lv denied 10 NY3d 704).


Summaries of

People v. Spivey

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 2011
2011 N.Y. Slip Op. 6945 (N.Y. App. Div. 2011)
Case details for

People v. Spivey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SPIVEY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 4, 2011

Citations

2011 N.Y. Slip Op. 6945 (N.Y. App. Div. 2011)
930 N.Y.S.2d 439