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PEOPLE v. SHAIA

Ind. No. 3464/10. Appeal No. 981. Case No. 2019-2027.

221 A.D.3d 434 (2023)

198 N.Y.S.3d 54

2023 NY Slip Op 05668

The People of the State of New York, Respondent, v. Michael Shaia, Appellant.

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

Decided November 9, 2023.

Attorney(s) appearing for the Case

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

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

Concur—Webber, J.P., Friedman, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about December 18, 2018, 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 in denying defendant's request for a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]...

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