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PEOPLE v. PEAKS

2020-09548.

207 A.D.3d 482 (2022)

169 N.Y.S.3d 514

2022 NY Slip Op 04312

The People of the State of New York, Respondent, v. Andrew Peaks, Appellant.

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

Decided July 6, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Samuel Barr of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Ruth E. Ross , and Nicole Leibow of counsel), for respondent.

Duffy, J.P., Brathwaite Nelson, Iannacci 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 assessed the defendant 135 points on the risk assessment instrument, denied his request for a downward departure from his presumptive risk level, and designated him a level three sex offender. The defendant appeals.

A defendant seeking a downward departure from the...

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