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PEOPLE v. RIVAS

2018-06443.

185 A.D.3d 740 (2020)

126 N.Y.S.3d 185

2020 NY Slip Op 03810

The People of the State of New York, Respondent, v. Benedicto Rivas, Appellant.

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

Decided July 8, 2020.

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 105 points, placing him at the top of the range for a presumptive level two designation. The defendant contends that the Supreme Court improvidently exercised its discretion in denying his request for a downward departure from the presumptive risk level.

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