PEOPLE v. BYRD

528 KA 17-01806.

171 A.D.3d 1517 (2019)

99 N.Y.S.3d 171

2019 NY Slip Op 03220

The People of the State of New York, Respondent, v. Shakur Byrd, 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: 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 Supreme Court failed to consider his request for a downward departure from his presumptive risk level, requiring remittal. We reject that contention. "[T]he court's findings of fact rendered...

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