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PEOPLE v. FOUNTAIN

11715, 5644/83

114 A.D.3d 491 (2014)

979 N.Y.S.2d 810

2014 NY Slip Op 935

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FOUNTAIN, Appellant.

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

Decided February 13, 2014.

Order, Supreme Court, New York County (Roger Hayes, J.), entered on or about September 14, 2009, 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 properly exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 N.Y.3d 60, 70 [2009],

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