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PEOPLE v. ROSADO

2010-07916.

88 A.D.3d 974 (2011)

931 N.Y.S.2d 526

2011 NY Slip Op 7617

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. MARSHALL ROSADO, Appellant.

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

Decided October 25, 2011.

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

The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level two sex offender (see People v Wyatt, ___ AD3d ___, 2011 NY Slip Op 07404 [2d Dept 2011]; People v Livingston, 87 A.D.3d 628 [2011]; People v Alston, 86...

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