In re Weinstein
This text of 304 A.D.2d 769 (In re Weinstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a proceeding pursuant to Correction Law article 6-C, the petitioner appeals from an order of the County Court, Putnam County (Rooney, J.), dated February 28, 2002, which designated him a level two sex offender.
Ordered that the order is reversed, on the law, without costs or disbursements, and the petitioner is designated a level one sex offender.
The Supreme Court’s determination designating the petitioner a level two sex offender is not supported by clear and convincing evidence in the record (see Correction Law § 168-Z [6] [b]; § 168-n [3]; People v Mallory, 293 AD2d 881 [2002]). Rather, the evidence supports a level one designation (see Correction Law 168-Z [6] [a]).
The petitioner’s remaining contentions are without merit or are not properly before this Court. Ritter, J.P., Smith, Krausman and Rivera, JJ., concur.
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Cite This Page — Counsel Stack
304 A.D.2d 769, 757 N.Y.S.2d 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weinstein-nyappdiv-2003.