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PEOPLE v. STEWART

61 A.D.3d 1059 (2009)

876 N.Y.S.2d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD J. STEWART, Appellant.

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

Decided April 2, 2009.

MERCURE, J.

Defendant pleaded guilty in September 1998 to aggravated sexual abuse in the second degree and was sentenced to a prison term of 7½ to 15 years. In anticipation of defendant's release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument, which presumptively classified defendant as a risk level two sex offender (90 points) in accordance with the Sex Offender Registration Act (see Correction Law art 6-C)...

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