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PEOPLE v. LATTIMORE

57 A.D.3d 752 (2008)

871 N.Y.S.2d 204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LATTIMORE, Appellant.

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

December 16, 2008.

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

The People established by clear and convincing evidence that the defendant should be designated a level two sex offender pursuant to Correction Law article 6-C (see People v Hegazy, 25 A.D.3d 675 [2006]). A defendant seeking a downward departure has the burden of establishing by clear and convincing evidence that...

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