People v. Green
This text of 47 A.D.3d 692 (People v. Green) 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.
Opinion
Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered August 23, 2006, 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.
Contrary to the defendant’s contention, the County Court’s determination to designate him a level three sex offender is supported by clear and convincing evidence, and thus, should not be disturbed (see Correction Law § 168-n [3]; People v Leeks, 43 AD3d 1251, 1252 [2007]; People v Davenport, 38 AD3d 634, 635 [2007]). Furthermore, the defendant failed to present clear and convincing evidence of the existence of mitigating factors warranting a downward departure from his presumptive risk level (see People v Adams, 44 AD3d 1020 [2007]; People v Williams, 34 AD3d 662 [2006]; People v Lombard, 30 AD3d 573, 574 [2006]; People v Davis, 26 AD3d 364 [2006]; People v Dexter, 21 AD3d 403, 404 [2005]). Mastro, J.P., Covello, Angiolillo and Carni, JJ., concur.
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Cite This Page — Counsel Stack
47 A.D.3d 692, 848 N.Y.S.2d 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-green-nyappdiv-2008.