PEOPLE v. SOTOMAYER

2012-11380.

143 A.D.3d 686 (2016)

2016 NY Slip Op 06482

38 N.Y.S.3d 271

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SOTOMAYER, Appellant.

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

Decided October 5, 2016.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the defendant is designated a level two sex offender.

A court determining a defendant's risk level under the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), is not permitted to downwardly depart from the presumptive risk level unless the defendant first identifies and proves the presence...

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