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PEOPLE v. SMITH

578 KA 15-00274.

140 A.D.3d 1705 (2016)

31 N.Y.S.3d 905

2016 NY Slip Op 04615

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE L. SMITH, Appellant.

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

Decided June 10, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court abused its discretion in refusing to grant a downward departure from his presumptive risk level. We reject that contention. "`A departure from the presumptive risk level ...

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