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PEOPLE v. JOHNSON

284, 9544/89.

136 A.D.3d 570 (2016)

25 N.Y.S.3d 589

2016 NY Slip Op 01260

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMANUEL JOHNSON, Appellant.

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

Decided February 23, 2016.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered March 18, 2015, 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 properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited...

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