PEOPLE v. PADILLA

2016-03127.

153 A.D.3d 946 (2017)

61 N.Y.S.3d 262

2017 NY Slip Op 06388

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PADILLA, Appellant.

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

Decided August 30, 2017.


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

The defendant appeals from his designation as a level two sex offender pursuant to the Sex Offender Registration Act (see Correction Law § 168 et seq. [hereinafter SORA]), contending that the Supreme Court should have granted his application for a downward departure from his presumptive risk level designation.

A defendant seeking a downward departure must identify mitigating...

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