PEOPLE v. MARTINEZ-GUZMAN

2012-06582.

109 A.D.3d 462 (2013)

970 N.Y.S.2d 93

2013 NY Slip Op 5561

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. FRANKLIN MARTINEZ-GUZMAN, Appellant.

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

Decided August 7, 2013.


Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 18, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

A downward departure from a sex offender's presumptive risk level generally is warranted only where "there exists an aggravating or mitigating factor of a kind, or to a degree, that...

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