People v. Goods

121 A.D.3d 660, 992 N.Y.S.2d 810

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 1, 2014
• Docket: 2013-11031
• Status: Published

Opinion

Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea, J.), entered October 29, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime. Therefore, he was presumptively a level three sex offender pursuant to an automatic override addressing prior felony convictions for sex crimes (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 3-4 [2006]; People v Barfield, 115 AD3d 835, 835 [2014]; People v Manson, 111 AD3d 688, 688 [2013]; People v Henry, 107 AD3d 678, 679 [2013]). Further, the Supreme Court properly concluded that the defendant failed to establish, by a preponderance of the evidence, any ground for a downward departure from his presumptive risk level (see People v Nethercott, 119 AD3d 918 [2014]; People v Rosen, 117 AD3d 927, 927 [2014]; People v Wyatt, 89 AD3d 112, 128 [2011]; see also People v Manson, 111 AD3d at 689).

Dillon, J.E, Dickerson, Cohen and Duffy, JJ., concur.