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PEOPLE v. GONZALEZ

2017-06751.

194 A.D.3d 1083 (2021)

148 N.Y.S.3d 497

2021 NY Slip Op 03340

The People of State of New York, Respondent, v. Jose Gonzalez, Appellant.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

N. Scott Banks , Hempstead, NY ( Tammy Feman and Argun M. Ulgen of counsel), for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Rebecca L. Abensur and Andrea M. DiGregorio 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.

After a hearing to determine the defendant's risk level designation pursuant to the Sex Offender Registration Act (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 risk level two designation,...

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