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PEOPLE v. PADILLA

Ind. No. 1751/18. Appeal No. 226. Case No. 2020-04073.

216 A.D.3d 493 (2023)

187 N.Y.S.3d 231

2023 NY Slip Op 02593

The People of the State of New York, Respondent, v. Mark Padilla, Appellant.

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

Decided May 11, 2023.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Shaina R. Watrous of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Cynthia A. Carlson of counsel), for respondent.

Concur—Oing, J.P., Singh, González, Kennedy, Scarpulla, JJ.

Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered on or about April 20, 2020, which adjudicated defendant a level two 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 mitigating factors cited...

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