PEOPLE v. ARMSTRONG

Ind. No. 337/19. Appeal No. 16354. Case No. 2021-00827.

209 A.D.3d 449 (2022)

174 N.Y.S.3d 842

2022 NY Slip Op 05615

The People of the State of New York, Respondent, v. Jonathan Armstrong, Appellant.

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

Decided October 6, 2022.


Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Carola M. Beeney of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Abigail H. Rinard of counsel), for respondent.

Concur—Renwick, J.P., Oing, González, Mendez, Shulman, JJ.


Order, Supreme Court, New York County (Steven M. Statsinger, J.), entered on or about February 1, 2021, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in granting an upward departure to risk level two based on clear and convincing evidence establishing the existence of aggravating factors not adequately accounted...

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