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New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification

In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders convinced a trial court to assess him to be a risk level 3 sex-offender based on Mabb's prior attempted rape conviction. Mabb appealed, claiming that since NY Correction Law, Art. 6-c (Art. 6-c) didn't mandate that offenders with a prior sex-offense conviction be classified as a risk level 3, he shouldn't have been so classified.

On appeal, the New York Court for the 3rd Department of its Appellate Division found that just because Art. 6-c didn't mandate a risk level 3 classification, that didn't mean it prohibits such a classification. Thus, Mabb's appeal was dismissed. See: People v. Mabb, 32 A.D.3d 1135, 821 N.Y.S.2d 483 (N.Y.A.D. 3 Dept. 2006).

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Related legal case

People v. Mabb