PEOPLE v. SALLEY

1491. 1492.

67 A.D.3d 525 (2009)

889 N.Y.S.2d 143

2009 NY Slip Op 08465

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHEEM SALLEY, Appellant.

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

Decided November 17, 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 three sex offender adjudication. The court properly assessed 20 points for sexual misconduct while confined. Although the sexual activity was allegedly consensual and noncriminal, it warranted this assessment under the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary because it violated prison disciplinary...

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