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PEOPLE v. ROSARIO

2017-10268.

203 A.D.3d 1087 (2022)

162 N.Y.S.3d 792

2022 NY Slip Op 02030

The People of the State of New York, Respondent, v. Virgilio Rosario, Appellant.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Melissa Lee of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Denise Pavlides of counsel; Lawrance Choi on the brief), for respondent.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

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

The defendant was convicted of rape in the first degree (Penal Law § 130.35) and robbery in the first degree (Penal Law § 160.15). At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the defendant was assessed 150 points under the risk assessment instrument, which placed him within the range for a presumptive level three designation. The...

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