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PEOPLE v. SMITH

2019-09732.

189 A.D.3d 1478 (2020)

134 N.Y.S.3d 731

2020 NY Slip Op 07929

The People of the State of New York, Respondent, v. Jason Smith, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Nao Terai of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Anthea H. Bruffee of counsel; Keerthana Nunna on the brief), for respondent.

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

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

At a risk assessment hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the Supreme Court granted the People's application for an upward departure from the presumptive risk level two to risk level three.

"`A court may exercise its discretion and depart upward from the presumptive risk level where it concludes that there exists an aggravating...

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