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PEOPLE v. HERNANDEZ

2021-01151.

204 A.D.3d 946 (2022)

164 N.Y.S.3d 883

2022 NY Slip Op 02568

The People of the State of New York, Respondent, v. Eduardo Hernandez, Appellant.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Thomas E. Walsh II, District Attorney, New City, NY (Renada N. Lewis of counsel), for respondent.

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Barros, J.P., Chambers, Maltese and Wooten, JJ., concur.

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

In August 2004, the defendant was convicted, upon his plea of guilty, of rape in the first degree and kidnapping in the second degree. In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the County Court, after a hearing, assessed the defendant 95 points, resulting in a presumptive risk level two designation, granted the People's request for...

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