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PEOPLE v. DIAZ

61 A.D.3d 465 (2009)

875 N.Y.S.2d 892

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVADOR DIAZ, Appellant.

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

Decided April 9, 2009.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level two sex offender adjudication. The court properly assessed points under the factor for lack of supervised release, even though this was a matter beyond defendant's control (see People v Lewis, 37 A.D.3d 689, 690 [2007], lv denied 8 N.Y.3d 814 [2007]). The court properly exercised...

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