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PEOPLE v. BUTLER

2016-06165.

194 A.D.3d 759 (2021)

143 N.Y.S.3d 561

2021 NY Slip Op 02833

The People of State of New York, Respondent, v. Will Butler, Appellant.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

N. Scott Banks , Hempstead, NY ( Tammy Feman and Dori Cohen of counsel), for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Rebecca L. Abensur and Andrew Fukuda of counsel), for respondent.

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

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

The defendant was convicted of promoting the sexual performance of a child. At a hearing to determine his level of risk pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the People moved for an upward departure from the defendant's presumptive level one risk designation. The Supreme Court granted the upward departure...

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