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PEOPLE v. SHEPPARD

11625, 69A/87, 2615/87

114 A.D.3d 405 (2014)

979 N.Y.S.2d 525

2014 NY Slip Op 594

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT SHEPPARD, Appellant.

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

Decided February 4, 2014.

Order, Supreme Court, New York County (Patricia Nunez, J.), entered on or about November 18, 2010, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant a downward departure to level two (see People v Cintron,

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