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PEOPLE v. COUNCIL

2016-02093.

189 A.D.3d 1275 (2020)

134 N.Y.S.3d 193

2020 NY Slip Op 07603

The People of State of New York, Respondent, v. Gary Council, Appellant.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Tomoeh Murakami Tse of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Danielle S. Fenn of counsel; Sade Donald and Dzenela Becic on the brief), for respondent.

Rivera, J.P., Barros, Connolly, Brathwaite Nelson and Iannacci, JJ., concur.

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

In 2013, the defendant was convicted, upon his plea of guilty, of sex trafficking. After a hearing to determine the defendant's risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the Supreme Court granted an upward departure and designated the defendant a level three sex offender.

"A court may exercise its discretion and depart...

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