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PEOPLE v. GIL

2020-07543.

194 A.D.3d 862 (2021)

143 N.Y.S.3d 609

2021 NY Slip Op 03069

The People of the State of New York, Respondent, v. Patrick Gil, Appellant.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Clare J. Degnan , White Plains, NY ( Salvatore A. Gaetani of counsel), for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Jill Oziemblewski and William C. Milaccio of counsel), for respondent.

Dillon, J.P., Austin, Barros, Brathwaite Nelson and Christopher, JJ., concur.

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

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the Supreme Court assessed the defendant 80 points on the risk assessment instrument, denied his request for a downward departure from his presumptive risk level, and designated him a level two sex offender.

A defendant seeking a downward departure from the

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