PEOPLE v. BADGLEY

506 KA 18-01284.

171 A.D.3d 1515 (2019)

99 N.Y.S.3d 548

2019 NY Slip Op 03218

The People of the State of New York, Respondent, v. James Badgley, Appellant.

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

Decided April 26, 2019.


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

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant's contention that County Court abused its discretion in granting the People's request for an upward departure to a level three risk. "It is well settled that a court may grant an upward...

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