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PEOPLE v. McKINNEY

2017-12925.

173 A.D.3d 1074 (2019)

100 N.Y.S.3d 353

2019 NY Slip Op 04971

The People of the State of New York, Respondent, v. Wallace McKinney, Appellant.

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

Decided June 19, 2019.

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 Supreme Court assessed the defendant 75 points, rendering him a presumptive level two sex offender. The defendant sought a downward departure from the presumptive risk level, citing as mitigating factors, inter alia, his lack of a prior criminal record, his successful completion of...

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