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PEOPLE v. BREWER

63 A.D.3d 1604 (2009)

880 N.Y.S.2d 444

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER D. BREWER, Appellant.

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

Decided June 5, 2009.

It is hereby ordered that the order so appealed from is unanimously modified in the exercise of discretion by determining that defendant is a level two risk pursuant to the Sex Offender Registration Act and as modified the order is affirmed without costs.

Memorandum: We agree with defendant that County Court improvidently exercised its discretion in determining that he is a level three risk under the Sex Offender Registration Act ([SORA] Correction Law § 168...

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