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People v. Pearsall

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2009
67 A.D.3d 876 (N.Y. App. Div. 2009)

Opinion

No. 2008-11376.

November 17, 2009.

Appeal by the defendant from an order of the County Court, Suffolk County (Spinner, J.), dated November 18, 2008, which, after a hearing to redetermine the defendant's sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki ( 3 F Supp 2d 456) and pursuant to Doe v Pataki ( 481 F3d 69), designated him a level two sex offender pursuant to Correction Law article 6-C.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

Before: Skelos, J.P., Eng, Austin and Roman, JJ., concur.


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

The defendant failed to show, by clear and convincing evidence, that special circumstances existed warranting a downward departure from his presumptive risk level two sex offender designation ( see People v Herron, 59 AD3d 414; People v Ainoris, 57 AD3d 864; People v Pasquarelli, 57 AD3d 753; People v Guaman, 8 AD3d 545; cf. People v Abdullah, 31 AD3d 515, 516).

Accordingly, the County Court, after considering the mitigating factors advanced by the defendant, appropriately determined the defendant to be a level two sex offender and providently exercised its discretion in denying his request for a downward departure.


Summaries of

People v. Pearsall

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2009
67 A.D.3d 876 (N.Y. App. Div. 2009)
Case details for

People v. Pearsall

Case Details

Full title:THE PEOPLE OF THE STATE OP NEW YORK, Respondent, v. ARTHUR E. PEARSALL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 2009

Citations

67 A.D.3d 876 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8594
888 N.Y.S.2d 414

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