People v. Malerba
This text of 136 A.D.3d 1006 (People v. Malerba) 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 de *1007 fendant from an order of the Supreme Court, Kings County (Harrington, J.), dated April 29, 2014, 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 defendant was presumptively a level three sex offender pursuant to an automatic override based upon the fact that he murdered the victim during the course of his sexual assault (see People v Malerba, 108 AD2d 759 [1985]; People v Abreu, 89 AD3d 711 [2011]). The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level (see People v Grubbs, 107 AD3d 771 [2013]; People v Bussie, 83 AD3d 920, 921 [2011]).
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Cite This Page — Counsel Stack
136 A.D.3d 1006, 25 N.Y.S.3d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-malerba-nyappdiv-2016.