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PEOPLE v. WOMACK

2017-1062 KC.

65 Misc.3d 1 (2019)

108 N.Y.S.3d 671

2019 NY Slip Op 29246

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON WOMACK, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided August 2, 2019.

Attorney(s) appearing for the Case

Legal Aid Society ( Steven J. Miraglia of counsel) for appellant.

Eric Gonzalez , District Attorney ( Leonard Joblove , Morgan J. Dennehy , and Daniel Berman of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order entered April 25, 2017, is reversed, without costs, and the matter is remitted to the Criminal Court for a new determination of defendant's sex offender risk level following a hearing limited to defendant's request for a downward departure.

Defendant was convicted, following a nonjury trial, of two counts each of sexual abuse in the second degree (Penal Law § 130.60[2]), sexual abuse...

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