PEOPLE v. ORTEGA

Ind. No. 3921/12. Appeal No. 16460. Case No. 2021-00199.

209 A.D.3d 540 (2022)

175 N.Y.S.3d 212

2022 NY Slip Op 05801

The People of the State of New York, Appellant, v. Garis Ortega, Respondent.

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

Decided October 18, 2022.


Attorney(s) appearing for the Case

Alvin L. Bragg, Jr. , District Attorney, New York ( Victoria Muth of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.


Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about December 15, 2020, which adjudicated defendant a level one sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to the extent of denying defendant's application for a downward departure and reinstating his original classification as level two, and otherwise affirmed, without costs.

While a court has discretion...

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