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PEOPLE v. ARMSTRONG

1167 KA 17-01483.

166 A.D.3d 1532 (2018)

85 N.Y.S.3d 835

2018 NY Slip Op 07604

The People of the State of New York, Respondent, v. Morice E. Armstrong, Appellant.

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

Decided November 9, 2018.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court erred in granting the People's request for an upward departure. We reject that contention. "A court may make an upward departure from a presumptive risk level when, after...

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