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PEOPLE v. MITCHELL

2017-10339. Index No. 6059/10.

178 A.D.3d 865 (2019)

111 N.Y.S.3d 861

2019 NY Slip Op 08879

The People of State of New York, Respondent, v. Thomas Mitchell, Appellant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Joshua M. Levine of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Ruth E. Ross of counsel; Anna Arena on the brief), for respondent.

Balkin, J.P., Chambers, Cohen and Connolly, JJ., concur.

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 defendant was assessed 95 points under the risk assessment instrument, presumptively placing him within the range for a level two designation. The defendant contends that the Supreme Court improvidently exercised its discretion in denying his request for a downward departure from the...

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