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PEOPLE v. MOTT

2020-00291.

195 A.D.3d 756 (2021)

145 N.Y.S.3d 399

2021 NY Slip Op 03621

The People of the State of New York, Respondent, v. Robert L. Mott, Appellant.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Thomas N.N. Angell , Poughkeepsie, NY ( Steven Levine of counsel), for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Kirsten A. Rappleyea of counsel), for respondent.

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

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level two sex offender.

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the County Court, after a hearing, assessed the defendant 95 points, granted the People's application to upwardly depart from the defendant's presumptive risk level two designation, and designated the defendant a level three...

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