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PEOPLE v. GONSALES

2019-10759.

203 A.D.3d 760 (2022)

160 N.Y.S.3d 620

2022 NY Slip Op 01331

The People of the State of New York, Respondent, v. Giovany Gonsales, Appellant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Lawrence T. Hausman of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Morgan J. Dennehy , and Nicole Leibow of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Miller and Wooten, 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 denied the defendant's request for a downward departure from his presumptive risk level, and designated him a level two sex offender (see Correction Law § 168-n).

A defendant seeking a downward departure from a presumptive risk level has the initial burden...

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