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PEOPLE v. SINCERBEAUX

No. 113.

27 N.Y.3d 683 (2016)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS J. SINCERBEAUX, Appellant.

Court of Appeals of New York.

Decided June 28, 2016.

Attorney(s) appearing for the Case

Davison Law Office PLLC, Canandaigua (Mary P. Davison of counsel), and James S. Kernan, Public Defender, for appellant.

Richard M. Healy, District Attorney, Lyons (Bruce A. Rosekrans, of counsel), for respondent.

Judges ABDUS-SALAAM, STEIN and GARCIA concur; Judge RIVERA dissents in an opinion in which Judge PIGOTT concurs; Judge FAHEY taking no part.

OPINION OF THE COURT

In this Sex Offender Registration Act (SORA) (Correction Law art 6-C) appeal, we are asked to decide whether the SORA court erred in assessing defendant points under risk factors 1, 5, and 9 and abused its discretion in adjudicating defendant a risk level three sex offender. We conclude that the...

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