PEOPLE v. DAVIS

298 KA 19-02246.

192 A.D.3d 1503 (2021)

140 N.Y.S.3d 799

2021 NY Slip Op 01622

The People of the State of New York, Respondent, v. Billy T. Davis, Appellant.

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

Decided March 19, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Contrary to defendant's contention, we conclude that his mental impairments do not warrant a downward departure (see People v Krembel,

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