"The fact that the 14-year-old girl with whom defendant believed he was communicating was actually an undercover officer does not lessen his risk of re-offense, or make him any less of a risk to the community than he would be if he had succeeded in making contact with an actual child," Second Department Presiding Justice Randall Eng wrote for the panel.
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Panel Rejects Argument That Sex Offender's Risk Level Was Too High Where Victim Was 'Fictitious'
New York Law Journal
November 16, 2012
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