PEOPLE v. DZIEDZIC

660 KA 20-00702.

197 A.D.3d 1016 (2021)

150 N.Y.S.3d 668

2021 NY Slip Op 04885

The People of the State of New York, Respondent, v. John E. Dziedzic, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

Present— Peradotto, J.P., Lindley, NeMoyer, Curran and Troutman, JJ.


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

Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq. [SORA]), defendant contends that he is entitled to a downward departure from his presumptive risk level based upon his advanced age, degenerative disc condition, and low risk of reoffending. We reject that contention...

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