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PEOPLE v. CASTRO

Ind. No. 99003/20 Appeal No. 1305 Case No. 2021-03470.

222 A.D.3d 597 (2023)

200 N.Y.S.3d 16

2023 NY Slip Op 06815

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

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Ji Hyun Rhim of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Elliott R. Hamilton of counsel), for respondent.

Concur—Kern, J.P., Oing, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 17, 2021, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The record supports the court's discretionary upward departure to a level three sex offender adjudication (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014])....

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