People v. Echevarria

Appellate Division of the Supreme Court of New York

People v. Echevarria

47 A.D.3d 437, 848 N.Y.S.2d 534

Procedural entryThis page is a short order in People v. Echevarria. Read the opinion of the Court — 17 A.D.3d 204 →

Appellate Division of the Supreme Court of the State of New York·Decided January 10, 2008·Published

Opinion

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 26, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration [438]*438Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication, and we perceive no basis for a discretionary downward departure (see People v Guarnan, 8 AD3d 545 [2004]). We have considered and rejected defendant’s remaining arguments. Concur—Tom, J.P, Saxe, Friedman and Williams, JJ.

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Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 26, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration [438]*438Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication, and we perceive no basis for a discretionary downward departure (see People v Guarnan, 8 AD3d 545 [2004]). We have considered and rejected defendant’s remaining arguments. Concur—Tom, J.P, Saxe, Friedman and Williams, JJ.

People v. Echevarria, 47 A.D.3d 437, 848 N.Y.S.2d 534 (N.Y. Ct. App. 2008).

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Opinion

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