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People v. Tejada

Appellate Division of the Supreme Court of New York, First Department
May 8, 2008
51 A.D.3d 472 (N.Y. App. Div. 2008)

Opinion

No. 3636.

May 8, 2008.

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about May 19, 2006, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Steven Banks, The Legal Aid Society, New York (Bonnie C. Brennan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), for respondent.

Before: Lippman, P.J., Mazzarelli, Sweeny, Moskowitz and Renwick, JJ.


The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level two sex offender adjudication. The court properly assessed points under the risk factor for relationship with the victim. Defendant and the victim were clearly strangers at the time of the sex crime, since his Internet exchanges with the victim over the course of three days did not rise to the level of any manner of acquaintanceship. In any event, to the extent defendant established a relationship, this was for the primary purpose of victimization, which was an alternative basis for the assessment under the guidelines. The court properly assessed points under the factor for alcohol abuse, since defendant's own admission was sufficient to establish that factor ( see e.g. People v Reyes, 48 AD3d 267), and properly assessed points under the factor for lack of supervised release, even though this was a matter beyond defendant's control ( see People v Lewis, 37 AD3d 689, 690, lv denied 8 NY3d 814).


Summaries of

People v. Tejada

Appellate Division of the Supreme Court of New York, First Department
May 8, 2008
51 A.D.3d 472 (N.Y. App. Div. 2008)
Case details for

People v. Tejada

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS TEJADA, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 8, 2008

Citations

51 A.D.3d 472 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4269
857 N.Y.S.2d 558

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