PEOPLE v. FRANCIS

2014-05292.

137 A.D.3d 91 (2016)

25 N.Y.S.3d 221

2016 NY Slip Op 00488

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUDE FRANCIS, Appellant.

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

Decided January 27, 2016.


Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City (Allegra Glashauser of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn (Leonard Joblove, Anthea H. Bruffee, Daniel Berman and Morgan J. Dennehey of counsel), for respondent.

CHAMBERS and DUFFY, JJ., concur with LEVANTHAL, J.P.; HALL, J., dissents, and votes to reverse the order appealed from, and designate the defendant a level two sex offender pursuant to Correction Law article 6-C.


OPINION OF THE COURT

In People v Campbell (98 A.D.3d 5 [2012]), this Court held that a defendant's prior juvenile delinquency adjudication may not be considered in determining his or her risk level designation under the Sex Offender Registration Act (see Correction Law art...

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