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PEOPLE v. RIVERA

2019-01636.

207 A.D.3d 761 (2022)

172 N.Y.S.3d 458

2022 NY Slip Op 04748

The People of the State of New York, Respondent, v. Francisco Rivera, Appellant.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Justine Luongo, attorney-in-charge of the criminal defense practice, New York, NY (Robin Richardson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Anthea H. Bruffee, and Katherine A. Walecka of counsel), for respondent.

Duffy, J.P., Brathwaite Nelson, Wooten and Zayas, JJ., concur.

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

In this proceeding pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the Supreme Court assessed the defendant 170 points, found that an override for a prior felony sex conviction applied, denied his request for a downward departure from his presumptive risk level, and designated him a level three sex offender. The...

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