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PEOPLE v. SOFO

2016-11802, 2016-11803.

168 A.D.3d 891 (2019)

90 N.Y.S.3d 290

2019 NY Slip Op 00321

The People of the State of New York, Respondent, v. Frank Sofo, Appellant.

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

Decided January 16, 2019.

Ordered that the appeal from the order entered September 27, 2016, is dismissed, without costs or disbursements, as that order was superseded by the amended order entered September 29, 2016; and it is further,

Ordered that the amended order entered September 29, 2016, is affirmed, without costs or disbursements.

We agree with the Supreme Court's determination denying the defendant's application for a downward departure from his presumptive risk level. A defendant...

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