PEOPLE v. CALLE-CALLE

2016-03582.

145 A.D.3d 804 (2016)

2016 NY Slip Op 08380

41 N.Y.S.3d 911

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILMER CALLE-CALLE, Appellant.

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

Decided December 14, 2016.


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

Under the Sex Offender Registration Act (Correction Law art 6-C), a defendant requesting a downward departure from that defendant's presumptive risk level "must identify, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into...

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