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PEOPLE v. ROSARIO

Ind. No. 5543/99. Appeal No. 342. Case No. 2021-03874.

216 A.D.3d 601 (2023)

190 N.Y.S.3d 324

2023 NY Slip Op 02853

The People of the State of New York, Respondent, v. Jose Rosario, Appellant.

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

Decided May 30, 2023.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Dany Greene of counsel), for appellant.

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

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

Order, Supreme Court, New York County (Althea E. Drysdale, J.), entered on or about September 29, 2021, which 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 in granting an upward departure to level two (see generally People v Gillotti, 23 N.Y.3d 841, 861 ...

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