People v. Abreu

89 A.D.3d 711, 931 N.Y.2d 903

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 1, 2011
• Status: Published

Opinion

The People established, by clear and convincing evidence, that the defendant strangled his rape victim to death. Accordingly, he was presumptively designated a level three sex offender pursuant to the automatic override which applies to offenders who have inflicted serious physical injury or caused the death of the victim (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 3-4 [2006]; People v Carter, 85 AD3d 995 [2011], lv denied 17 NY3d 712 [2011]; People v Fareira, 80 AD3d 589, 590 [2011]; People v Martin, 79 AD3d 717, 718 [2010]; People v King, 74 AD3d 1162, 1163 [2010] ). Further, the Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level (see People v Livingston, 87 AD3d 628 [2011] ; People v Alston, 86 AD3d 553, 554 [2011]; People v Carter, 85 AD3d at 995-996; People v Bussie, 83 AD3d 920 [2011]). Mastro, J.E, Eng, Belen and Hall, JJ., concur.