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People v. Lisiel

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 20, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROBERTO LISIEL, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered on or about November 3, 2005, which adjudicated defendant a level three sex offender under 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.

Tom, J.P., Saxe, Friedman, Nardelli, Catterson, JJ.

11913/93

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three adjudication. The court properly assessed 15 points under the factor for lack of supervised release (see People v Lewis, 37 AD3d 689, 690 [2007], lv denied 8 NY3d 814 [2007]), and there is no merit to defendant's argument that the SORA registration requirements themselves constitute a form of supervision. Since these points, when added to points that defendant does not contest, qualify him as a level three offender, we need not reach defendant's other claims. In any event, we find those claims unavailing.

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

20100420

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