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PEOPLE v. MORGAN

914 KA 21-00610.

213 A.D.3d 1244 (2023)

182 N.Y.S.3d 468

2023 NY Slip Op 00569

The People of the State of New York, Respondent, v. Gary Morgan, Appellant.

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

HAYDEN M. DADD, CONFLICT DEFENDER, GENESEO (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY J. McCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

Appeal from an order of the Livingston County Court (Jennifer M. Noto, J.), dated April 9, 2021. The order, insofar as appealed from, designated defendant a sexually violent offender pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the second ordering paragraph designating defendant a sexually violent offender is vacated.

Memorandum: In this proceeding...

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