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PEOPLE v. LENDEBORG

Ind. No. 2884/05. Appeal No. 17660. Case No. 2016-02075.

215 A.D.3d 433 (2023)

185 N.Y.S.3d 666

2023 NY Slip Op 01850

The People of the State of New York, Respondent, v. Nelson Lendeborg, Appellant.

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

Decided April 6, 2023.

Attorney(s) appearing for the Case

Twyla Carter, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Moulton, Kennedy, JJ.

Order, Supreme Court, New York County (Charles H. Solomon, J., at hearing and adjudication; Neil E. Ross, J., at order), entered on or about June 23, 2016, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure...

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