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People v. Thompson

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 16, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
HAMILTON THOMPSON, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about May 2, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Nardelli, Catterson, Moskowitz, Renwick, JJ.

5783/83

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing sufficient total points to support a level three sex offender adjudication. These risk factors were properly established through reliable documentary evidence (see e.g. People v Conway, 47 AD3d 492 [2008], lv denied 10 NY3d 708 [2008]). The court's assessment of points under the acceptance of responsibility and conduct while confined factors was appropriate, since defendant's purported acceptance of responsibility or attempts to do so were not genuine, and since he engaged in sexually inappropriate behavior while incarcerated. We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090416

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