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PEOPLE v. SUTTON
Appellate Division of the Supreme Court of New York, Fourth Department.
Jun 10, 2005
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It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We reject the contention of defendant that County Court erred in determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). The record establishes that defendant engaged in a continuous course of sexual misconduct and did not complete treatment because of a disciplinary problem. Consequently, we conclude that the court's determination is supported by clear and convincing evidence ( see generally § 168-n [3]; People v. Barnwell, 6 AD3d 1146, 1147, lv denied 3 NY3d 604).
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