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PEOPLE v. MUHAMMAD

Ind. No. 1220/15. Appeal No. 1061. Case No. 2022-01173.

221 A.D.3d 513 (2023)

198 N.Y.S.3d 358

2023 NY Slip Op 05994

The People of the State of New York, Respondent, v. Zhakariyya Muhammad, Appellant.

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

Decided November 21, 2023.

Attorney(s) appearing for the Case

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Leanna J. Duncan of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Oing, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about March 10, 2022, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The SORA Board issued a risk assessment instrument (RAI) assessing defendant 60 points, making him a presumptive level one offender. However, the SORA hearing court, having also presided over...

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