PEOPLE v. NIEVES

2015-02611.

149 A.D.3d 881 (2017)

2017 NY Slip Op 02834

50 N.Y.S.3d 568

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY NIEVES, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 12, 2017.


Ordered that the order is affirmed, without costs or disbursements.

A defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into account by the [Sex Offender Registration Act: Risk...

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