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PEOPLE v. VIZCARRA

2015-08635.

138 A.D.3d 815 (2016)

28 N.Y.S.3d 336

2016 NY Slip Op 02796

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABRAHAM A. VIZCARRA, Appellant.

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

Decided April 13, 2016.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 12, 2015, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

A defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of law...

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