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PEOPLE v. PEARCE

2015-01292.

135 A.D.3d 722 (2016)

22 N.Y.S.3d 575

2016 NY Slip Op 00165

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PEARCE, Appellant.

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

Decided January 13, 2016.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level two sex offender.

In establishing an offender's appropriate risk level under the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), "[t]he People `bear the burden of proving the facts supporting the determinations' by clear and convincing evidence" (People v Pettigrew, 14 N.Y.3d 406

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