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PEOPLE v. DeCAPUA

119 KA 18-00869.

179 A.D.3d 1460 (2020)

119 N.Y.S.3d 323

2020 NY Slip Op 00722

The People of the State of New York, Respondent, v. Brandon DeCapua, Appellant.

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

Decided January 31, 2020.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Contrary to defendant's contention, Supreme Court did not abuse its discretion in granting the People's request for an upward departure from his presumptive...

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