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PEOPLE v. BERDEJO

2019-04097.

192 A.D.3d 923 (2021)

140 N.Y.S.3d 733

2021 NY Slip Op 08262

The People of State of New York, Respondent, v. Martimiano Berdejo, Appellant.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Rachel L. Pecker of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur.

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

After a hearing to designate the defendant's risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), at which the defendant argued against an assessment of points under risk factor 12 (acceptance of responsibility) and sought a downward departure from his presumptive level three risk designation,...

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