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PEOPLE v. McFARLAND

789, 5329/02.

138 A.D.3d 496 (2016)

28 N.Y.S.3d 302

2016 NY Slip Op 02743

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS McFARLAND, Appellant.

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

Decided April 12, 2016.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered June 8, 2010, 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 properly applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in denying a downward departure...

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