People v. Bowens
68 A.D.3d 1082, 890 N.Y.2d 336
Appellate Division of the Supreme Court of the State of New York·Decided December 22, 2009·Published
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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People v. Bowens, 68 A.D.3d 1082, 890 N.Y.2d 336 (N.Y. Ct. App. 2009).
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Related
People v. Foy
49 A.D.3d 835 (Appellate Division of the Supreme Court of New York, 2008)
People v. Bowens
55 A.D.3d 809 (Appellate Division of the Supreme Court of New York, 2008)