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PEOPLE v. JOHNSON

11 N.Y.3d 416 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v CLARENCE A. JOHNSON, Appellant.

Court of Appeals of the State of New York.

November 24, 2008.

Attorney(s) appearing for the Case

Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for appellant.

Lawrence Friedman, District Attorney, Batavia (David E. Gann of counsel), for respondent.

OPINION OF THE COURT

SMITH, J.

This case requires us to consider one of the risk factors used by the Board of Examiners of Sex Offenders (Board) to help courts assess the danger that convicted sex offenders pose to the community. Defendant, whose crime consists of possessing pornographic images of children, argues that the Board's factor 7, indicating an increased level of risk when a crime "was directed at a stranger," should be interpreted in a way that...

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