PEOPLE v. YARBOROUGH (2007)

Supreme Court, Appellate Division, Second Department, New York.

PEOPLE of State of New York, respondent, v. Maurice YARBOROUGH, appellant.

Decided: September 25, 2007

STEPHEN G. CRANE, J.P., ROBERT A. LIFSON, EDWARD D. CARNI, and RUTH C. BALKIN, JJ.

Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wagner, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered July 25, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contentions, the County Court's determination to designate him a level three sex offender is 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 § 168-n; People v. Arnold, 35 A.D.3d 827, 828 N.Y.S.2d 119; People v. Grimmett, 29 A.D.3d 766, 767, 813 N.Y.S.2d 911; cf. People v. Hines, 24 A.D.3d 524, 525, 807 N.Y.S.2d 608; People v. Davis, 21 A.D.3d 590, 592, 799 N.Y.S.2d 324).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law