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PEOPLE v. BROWN

Ind. No. 3268/18. Appeal No. 2617. Case No. 2022-01893.

230 A.D.3d 1071 (2024)

217 N.Y.S.3d 74

2024 NY Slip Op 04618

The People of the State of New York, Respondent, v. Darryl Brown, Appellant.

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

Decided September 26, 2024.

Attorney(s) appearing for the Case

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Daniel Hamburg of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, González, Rosado, JJ.

Order, Supreme Court, New York County (Ellen Biben, J.), entered on or about April 27, 2022, which, after a hearing, adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti,

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