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PEOPLE v. MONTESQUIEU

Ind. No. 3406/16. Appeal No. 502. Case No. 2020-03811.

217 A.D.3d 548 (2023)

189 N.Y.S.3d 518

2023 NY Slip Op 03311

The People of the State of New York, Respondent, v. Joseph Montesquieu, Appellant.

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

Decided June 20, 2023.

Attorney(s) appearing for the Case

Jenay Nurse Guilford , Center for Appellate Litigation, New York ( Nicole P. Geoglis of counsel), for appellant.

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

Concur—Webber, J.P., Oing, Gesmer, González, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Ellen N. Biben, J.), entered on July 30, 2020, which adjudicated defendant a level three 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...

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