PEOPLE v. PAINE

488 KA 21-00858.

207 A.D.3d 1202 (2022)

171 N.Y.S.3d 684

2022 NY Slip Op 04488

The People of the State of New York, Respondent, v. Cory W. Paine, Appellant.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

JILL L. PAPERNO , ACTING PUBLIC DEFENDER, ROCHESTER ( DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, 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 two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court abused its discretion in denying his request for a downward departure from his presumptive risk level. We reject that contention.

Defendant was convicted upon a plea...

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