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PEOPLE v. TORRES

2015-05765.

153 A.D.3d 646 (2017)

57 N.Y.S.3d 419

2017 NY Slip Op 06095

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN TORRES, Appellant.

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

Decided August 9, 2017.

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

Under the Sex Offender Registration Act (see Correction Law art 6-C), a court must follow three analytical steps to determine whether to downwardly depart from the presumptive risk level. First, the court must decide whether the mitigating circumstances alleged by the defendant are, as a matter of law, of a kind or to a degree not adequately taken...

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