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PEOPLE v. MACK

2013-04747.

140 A.D.3d 843 (2016)

31 N.Y.S.3d 897

2016 NY Slip Op 04396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD MACK, Appellant.

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

Decided June 8, 2016.

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

The Supreme Court providently exercised its discretion in determining that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level three sex offender (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]; People v Gordon, 133 A.D.3d 835, 836-837...

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