A sexually violent defendant with three arrests for sex crimes dating back to 1984 was improperly designated a high-risk offender based on a juvenile record, a Brooklyn-based appellate court held yesterday.
Citing a conflict between the youth-protective provisions of the Family Court Act and the community-protective provisions of the Sex Offender Registration Act, a unanimous panel of the Appellate Division, Second Department, said the defendant’s juvenile record was wrongly used to enhance his risk level. It rejected contrary holdings by the two upstate departments.
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