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PEOPLE v. SIMMONS

366 KA 21-01087.

204 A.D.3d 1445 (2022)

165 N.Y.S.3d 804

2022 NY Slip Op 02706

The People of the State of New York, Respondent, v. Jeremiah Simmons, Appellant.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

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 two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that remittal is required inasmuch as Supreme Court failed to consider his request for a downward departure from his presumptive risk level. Although we agree with defendant that the court failed...

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