PEOPLE v. ORTEGA

2017-12373.

192 A.D.3d 931 (2021)

140 N.Y.S.3d 719

2021 NY Slip Op 08268

The People of State of New York, Respondent, v. Warren Ortega, 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 ( Adrienne M. Gantt of counsel; Spence Jones on the brief), 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.

In this proceeding pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the Supreme Court denied the defendant's request for a downward departure from his presumptive risk level, and designated him a level two sex offender (see Correction Law § 168-n).

Contrary to the defendant's contention, he failed to establish his entitlement...

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