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People v. Sutton

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 2005
19 A.D.3d 1045 (N.Y. App. Div. 2005)

Opinion

KA 04-00053.

June 10, 2005.

Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered November 13, 2003. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (MARGARET A. JONES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: Green, J.P., Hurlbutt, Scudder, Pine and Lawton, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of defendant that County Court erred in determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). The record establishes that defendant engaged in a continuous course of sexual misconduct and did not complete treatment because of a disciplinary problem. Consequently, we conclude that the court's determination is supported by clear and convincing evidence ( see generally § 168-n [3]; People v. Barnwell, 6 AD3d 1146, 1147, lv denied 3 NY3d 604).


Summaries of

People v. Sutton

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 2005
19 A.D.3d 1045 (N.Y. App. Div. 2005)
Case details for

People v. Sutton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND SUTTON…

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

Date published: Jun 10, 2005

Citations

19 A.D.3d 1045 (N.Y. App. Div. 2005)
796 N.Y.S.2d 290

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