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PEOPLE v. ALVAREZ
Appellate Division of the Supreme Court of New York, Second Department.
Mar 18, 2008
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Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contentions, the Supreme Court's determination to designate the defendant a level three sex offender was supported by clear and convincing evidence, based on the facts and admissions contained in the pre-sentence investigation report, the case summary, and the risk assessment instrument of the Board of Examiners of Sex Offenders ( see Correction Law ยง 168-n; People v Yarborough, 43 AD3d 1129, 1130, lv denied 9 NY3d 816; People v Penson, 38 AD3d 866, 867; People v Romana, 35 AD3d 1241; People v Carlton, 307 AD2d 763, 764).
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