PEOPLE v. DELVALLE

2011-04454.

100 A.D.3d 726 (2012)

953 N.Y.S.2d 873

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS DELVALLE, Appellant.

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

November 14, 2012.


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

The defendant contends that the Supreme Court erred in denying his request for a downward departure from a presumptive risk level three designation to a risk level one designation pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) following a risk assessment hearing. However, although the defendant identified a mitigating factor of a kind, or to a...

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