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PEOPLE v. DAVIS

2007-10943.

66 A.D.3d 749 (2009)

887 N.Y.S.2d 219

2009 NY Slip Op 7385

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN DAVIS, Appellant.

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

Decided October 13, 2009.

Ordered that the order is affirmed, without costs or disbursements.

In establishing the appropriate risk level determination under the Sex Offender Registration Act (Correction Law art 6-C), the People bear the burden of proving the necessary facts by clear and convincing evidence (see Correction Law § 168-n [3]; People v Lawless, 44 A.D.3d 738 [2007]).

A court, in the exercise of its discretion, may depart...

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