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PEOPLE v. GONZALEZ

2016-09179.

178 A.D.3d 741 (2019)

111 N.Y.S.3d 241

2019 NY Slip Op 08721

The People of State of New York, Respondent, v. Randy Gonzalez, Appellant.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Ruth E. Ross of counsel; Jared D. Michael on the brief), for respondent.

Janet E. Sabel, New York, NY (Natalie Rea of counsel), for appellant.

Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

At a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the defendant was assessed a total of 70 points under the risk assessment instrument, including 5 points under risk factor 9 for having prior misdemeanor convictions, none of which were designated sex crimes. These points presumptively classified him as a level one sex offender. The Supreme...

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