PEOPLE v. HESTERBEY

2014-02092.

159 A.D.3d 1016 (2018)

70 N.Y.S.3d 388

2018 NY Slip Op 02185

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH HESTERBEY, Appellant.

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

Decided March 28, 2018.


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

At a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the defendant was assessed 100 points under the Risk Assessment Instrument, which placed him within the range for a presumptive level two designation.

The defendant contends that the Supreme Court improvidently exercised its discretion in denying his request for a downward departure...

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