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State Courts -
New York - January 24, 2006
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People v. Hegazy, 2004-06366,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Where there was clear and convincing evidence that supported a classification of defendant as a level two sex offender, pursuant to N.Y. Correct. Law § 168-n(3) of the Sex Offender Registration Act, and no evidence indicating the existence of an aggravating factor, there should have been no departure from defendant's presumptive classification.
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People v. Marte, 7652-7652A, Ind. 5563/02, 6198/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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People v. Salley, 7647-7648 7649,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Overview: The court properly denied defendants' motions to suppress the statements they provided to the police since each defendant's statement was voluntary and not the product of improper influence or coercion.
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People v. White, 2005-01882,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: The trial court's determination to depart from the presumptive risk level and designate defendant a level three sex offender was supported by clear and convincing evidence based, inter alia, on facts contained in the presentence report and the risk assessment instrument, N.Y. Correct. Law § 168-d.
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