PEOPLE v. PENA-JAMES

2019-11243.

189 A.D.3d 1476 (2020)

134 N.Y.S.3d 733

2020 NY Slip Op 07928

The People of the State of New York, Respondent, v. Yuleiny Pena-James, Appellant.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Clare J. Degnan , White Plains, NY ( Salvatore A. Gaetani of counsel; Bridget McCarthy on the brief), for appellant.

Anthony A. Scarpino, Jr. , District Attorney, White Plains, NY ( Jill Oziemblewski and William C. Milaccio of counsel), for respondent.

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


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

In a proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), a defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or...

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