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People v Brannum (Yul)
2007 NY Slip Op 50078(U) [14 Misc 3d 132(A)]
Decided on January 18, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 18, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570388/04.

People of the State of New York, Respondent,

against

Yul Brannum, Defendant-Appellant.


Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Richard Weinberg, J.), entered April 28, 2004, which upon reargument and renewal, adjudicated him a level-three sex offender under the Sex Offender Registration Act (Correction Law art 6-C).


PER CURIAM:

Order (Richard Weinberg, J.), entered April 28, 2004, affirmed.

The People's motion for reargument and renewal (see generally People v Wroten, 286 AD2d 189 [2001], lv denied 97 NY2d 610 [2002]) was neither untimely nor reflected improper prosecutorial "judge shopping." Upon reargument and renewal, criminal court properly concluded that defendant's present circumstances did not warrant a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]).

This constitutes the decision and order of the court.
Decision Date: January 18, 2007