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PEOPLE v. MAGNER

2018-10125.

178 A.D.3d 1101 (2019)

112 N.Y.S.3d 593

2019 NY Slip Op 09307

The People of the State of New York, Respondent, v. Joseph P. Magner, Appellant.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Laurette D. Mulry , Riverhead, NY ( Kirk R. Brandt and Wendy G. Russo of counsel), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Elizabeth Miller and Thomas Costello of counsel), 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 (Correction Law § 168 et seq. [hereinafter SORA]), the defendant was assessed 85 points, presumptively placing him within the level two designation, and his request for a downward departure was denied.

We agree with the County Court's determination to assess points under risk...

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