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PEOPLE v. PATERNO

2020-00606.

203 A.D.3d 853 (2022)

160 N.Y.S.3d 894

2022 NY Slip Op 01470

The People of the State of New York, Respondent, v. Michael Paterno, Appellant.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Laurette D. Mulry, Riverhead, NY (Genevieve M. Cahill of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Alfred Croce of counsel), for respondent.

Iannacci, J.P., Chambers, Roman and Ford, JJ., concur.

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

The defendant was convicted, upon his plea of guilty, of criminal sexual act in the third degree. Following a hearing to determine the defendant's risk level under the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the County Court determined that the defendant was presumptively a level two sex offender...

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