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PEOPLE v. ROSARIO

SCI. No. 3100/11. Appeal No. 916. Case No. 2018-769.

220 A.D.3d 598 (2023)

197 N.Y.S.3d 64

2023 NY Slip Op 05450

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

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

Decided October 26, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Robin Richardson of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Charles F. Hickerson IV of counsel), for respondent.

Concur—Webber, J.P., Moulton, González, Kennedy, JJ.

Order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about September 29, 2017, 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 when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The alleged...

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