People v. Murphy

33 A.D.3d 778, 822 N.Y.S.2d 637
Appellate Division of the Supreme Court of the State of New York·Decided October 17, 2006·Published·Cited by 3 cases

Opinion

Appeal by the defendant from an order of the County Court, Rockland County (Resnik, J.), entered January 24, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The defendant’s history of drug and alcohol abuse and other [779]*779factors that were not contested by him, which resulted in 110 points on the risk assessment form, was a sufficient basis to designate him a level three sex offender (see People v Abdullah, 31 AD3d 515 [2006]).

His contention that he was improperly assessed additional points based upon uncertified copies of certain depositions need not be addressed since there was a sufficient basis to designate him a level three sex offender without those depositions (see People v Lombard, 30 AD3d 573 [2006]). Adams, J.E, Goldstein, Mastro and Lifson, JJ., concur.

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People v. Murphy, 33 A.D.3d 778, 822 N.Y.S.2d 637 (N.Y. Ct. App. 2006).

33 A.D.3d 778 (People v. Murphy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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