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PEOPLE v. GIFFORD

1044 KA 15-00727.

144 A.D.3d 1678 (2016)

2016 NY Slip Op 07802

41 N.Y.S.3d 649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD E. GIFFORD, Appellant.

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

Decided November 18, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). The Board of Examiners of Sex Offenders (Board) assessed a score of 95 points against defendant, making him a presumptive level two risk, but recommended an upward departure to a level three risk...

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