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PEOPLE v. WHITE

2012-10864.

144 A.D.3d 881 (2016)

2016 NY Slip Op 07633

40 N.Y.S.3d 786

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY WHITE, Appellant.

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

Decided November 16, 2016.

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

A court determining a defendant's risk level under the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), is not permitted to downwardly depart from the presumptive risk level unless the defendant first identifies and proves by a preponderance of the evidence the facts in support of "a mitigating factor of a kind, or to...

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