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6, 9 N.Y. Penal Law § 230.25 9 Rules Prince, Richardson on Evidence § 3-205 (Farrell 11th ed.) 19 Sex O
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 H. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo
6, 9 N.Y. Penal Law § 230.25 9 Rules Prince, Richardson on Evidence § 3-205 (Farrell 11th ed.) 19 Sex O
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo
6, 9 N.Y. Penal Law § 230.25 9 Rules Prince, Richardson on Evidence § 3-205 (Farrell 11th ed.) 19 Sex O
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 IL THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo
6, 9 N.Y. Penal Law § 230.25 9 Rules Prince, Richardson on Evidence § 3-205 (Farrell 11th ed.) 19 Sex O
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo
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