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PEOPLE v. ALEMANY

No. 150

13 N.Y.3d 424 (2009)

2009 NY Slip Op 8666

921 N.E.2d 140

893 N.Y.S.2d 448

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MIGUEL ALEMANY, Respondent.

Court of Appeals of New York.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Aaron Ginandes and Grace Vee of counsel), for appellant.

Legal Aid Society, Criminal Appeals Bureau, New York City (Denise Fabiano and Steven Banks of counsel), for respondent.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

READ, J.

We are asked to decide whether homelessness may be considered an inappropriate living situation within the meaning of risk factor 15 of the risk assessment instrument (RAI) used to rate the threat to the community posed by a defendant covered under the Sex Offender Registration Act (SORA) (Correction Law art 6-C). We hold that a hearing court may assess points under this risk...

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