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PEOPLE v. McDANIEL

2020-00570.

189 A.D.3d 1279 (2020)

134 N.Y.S.3d 210

2020 NY Slip Op 07606

The People of State of New York, Respondent, v. William McDaniel, Appellant.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Meredith S. Holt of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur.

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

The defendant was convicted, after a jury trial, inter alia, of rape in the second degree (two counts) and criminal sexual act in the second degree. At a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the Supreme Court denied the defendant's application for a downward departure from his presumptive risk level and adjudicated the defendant...

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