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People v. Blum

148 A.D.3d 520 Court N.Y. App. Div. Decision date 2017-03-16 English

Judges Concur — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Kahn, JJ.

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p. 520
The People of the State of New York, Respondent, v John Blum, Appellant.
[48 NYS3d 591]

Order, Supreme Court, New York County (John S. Moore, J.), entered December 15, 2010, which, upon granting defendant’s motion for reargument and rehearing to the extent of conducting a rehearing of his risk level determination, adhered to its prior order entered on or about August 10, 2010, adjudicating defendant a level three sexually violent offender pursuant to the Sexual Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Regardless of whether defendant’s correct point score is 145 or, as he claims, 125 points, we find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant, including scientific and medical evidence, were outweighed by the seriousness of the

p. 521
underlying sexual offense.

Concur — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Kahn, JJ.

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