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PEOPLE v. ALLEN

Ind. Nos. 9549/89, 12477/90. Appeal Nos. 286-286A, M-1567. Case Nos. 2021-01212, 2022-04892.

216 A.D.3d 533 (2023)

187 N.Y.S.3d 237

2023 NY Slip Op 02743

The People of the State of New York, Respondent, v. Clarence Allen, Appellant.

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

Decided May 18, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Nathan R. Brown of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Elizabeth T. Schmidt of counsel), for respondent.

Motion to strike portions of pages 14, 15, 25, and 26 of the People's brief granted insofar as they refer to facts other than the crime of conviction and age of the victim set forth in the presentence report from defendant's 1978 conviction.

Orders, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about April 5, 2021, which adjudicated defendant a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

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

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