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PEOPLE v. SAWYER

1172 KA 08-02464.

78 A.D.3d 1517 (2010)

910 N.Y.S.2d 783

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS SAWYER, Appellant.

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

Decided November 12, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that he was entitled to a downward departure from his presumptive risk level. We reject that contention. "A departure from the presumptive risk level...

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