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PEOPLE v. MORALES

Ind. No. 3626/16. Appeal No. 16991. Case No. 2019-5497.

211 A.D.3d 645 (2022)

179 N.Y.S.3d 559

2022 NY Slip Op 07512

The People of the State of New York, Respondent, v. Habiel Morales, Appellant.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Justine M. Luongo , The Legal Aid Society, New York ( Denise Fabiano of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Julia L. Chariott of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, Bronx County (Jeanette Rodriguez-Morick, J.), entered on or about June 6, 2019, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The alleged mitigating...

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