PEOPLE v. GARCIA

2018-08787.

176 A.D.3d 1240 (2019)

109 N.Y.S.3d 668

2019 NY Slip Op 07801

The People of State of New York, Respondent, v. Marvin Garcia, Appellant.

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

Decided October 30, 2019.


Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Laura Lieberman Cohen of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

Rivera, J.P., Austin, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

The defendant was convicted, upon his plea of guilty, of course of sexual conduct against a child in the first degree. At a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), the Supreme Court denied the defendant's request for a downward departure from the presumptive risk assessment level and adjudicated the defendant a level two sex offender...

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