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PEOPLE v. BONCZEK

Ind. No. 30186/18, Appeal No. 1690, Case No. 2019-2014.

2024 NY Slip Op 00873

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BONCZEK, Defendant-Appellant.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

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

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

Before: Kern, J.P., Singh, Scarpulla, O'Neill Levy, Michael, JJ.

Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about December 17, 2018, 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 court providently exercised its discretion in granting an upward departure to a risk level three adjudication (see People v Gillotti, 23 N.Y.3d 841, 861...

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