PEOPLE v. MEADERS

2013-01980.

154 A.D.3d 978 (2017)

2017 NY Slip Op 07470

62 N.Y.S.3d 198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MEADERS, Appellant.

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

Decided October 25, 2017.


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

The Supreme Court properly rejected the defendant's request for a downward departure from the presumptive risk level. "A court determining a defendant's risk level under the Sex Offender Registration Act (hereinafter SORA) may not 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...

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