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PEOPLE v. WILKES

KA 07-00981.

2008 NY Slip Op 06048

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HAROLD WILKES, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, LUNN, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Defendant was convicted in July 1987 of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]), and he was sentenced to an indeterminate term of incarceration of 4 to 12...

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