People v. Bowens

Appellate Division of the Supreme Court of New York

People v. Bowens

68 A.D.3d 1082, 890 N.Y.2d 336

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 2009

StatusPublished

This text of 68 A.D.3d 1082 (People v. Bowens) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bowens, 68 A.D.3d 1082, 890 N.Y.2d 336 (N.Y. Ct. App. 2009).

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Opinion

The defendant failed to show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender (see People v Foy, 49 AD3d 835 [2008]). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender (see People v Bowens, 55 AD3d 809 [2008]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.

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The defendant failed to show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender (see People v Foy, 49 AD3d 835 [2008]). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender (see People v Bowens, 55 AD3d 809 [2008]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.

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Bluebook (online)

68 A.D.3d 1082, 890 N.Y.2d 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bowens-nyappdiv-2009.

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