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PEOPLE v. MALLOY

Ind. No. 4299/08. Appeal No. 17246. Case No. 2015-720.

213 A.D.3d 417 (2023)

180 N.Y.S.3d 905

2023 NY Slip Op 00495

The People of the State of New York, Respondent, v. Christopher Malloy, Appellant.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Justine Luongo , The Legal Aid Society, New York ( Kerry Elgarten of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Rachel Bond of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on August 12, 2014, which, after a hearing, adjudicated defendant a level two sexually violent 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 generally People v Gillotti, 23 N.Y.3d 841,...

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