PRESENT: HONORABLE MARK H. DADD

County Court Judge

STATE OF NEW YORK

COUNTY COURT : COUNTY OF WYOMING

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The People of the State of New York

DECISION AND ORDER

v.

Indictment No. 4207

DOUGLAS C. PREVORSE

Defendant

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Douglas C. Prevorse was sentenced to a one to three year term upon his guilty plea to Attempted Rape in the Second Degree. On July 11, 2000, he appeared before the Court with his attorney, Jerry Ader, Esq., at a hearing conducted to determine his risk level designation as a sex offender pursuant to Correction Law §168-n. Leonard Opanashuk, Wyoming County Assistant District Attorney, also appeared in this matter.

The Board of Examiners of Sex Offenders has submitted a Risk Assessment Instrument assessing a risk factor score of 90 points and a level two risk level designation. The Assistant District Attorney has withdrawn his original objections to this assessment and his June&nbsp29, 2000 request for a level three designation. Defendant has objected to the level two assessment on the ground that it is based upon an inaccurate depiction of his criminal conduct.

A case summary has been submitted in support of the level two risk assessment. The victim's mother has submitted a letter, dated July 10, 2000, in opposition to any reduction in this classification. The Court has also reviewed the criminal file, including the October 1, 1978 plea minutes, the pre-sentence investigation report, and the victim's August 20, 1998 statement.

The Court finds that the record includes reliable information which supports the conduct described in the Risk Assessment Instrument. The stated classification is also reasonable

on this record. Thus, it is not necessary to conduct further proceedings as requested by the defendant.

NOW, THEREFORE, upon the findings of fact and conclusions of law stated in this decision, it is hereby

ORDERED that the defendant shall be given a level two risk level.

DATED: August 7, 2000

Warsaw, New York

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County Court Judge


Decision and Order

Indictment No. 4207