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People v. Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 24, 2019
2019 N.Y. Slip Op. 482 (N.Y. App. Div. 2019)

Opinion

2016-11632

01-24-2019

People of State of New York, respondent, v. Jonathan Smith, appellant.

Jeffrey D. Cohen, Kew Gardens, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Michelle Kaszuba of counsel), for respondent.


JOHN M. LEVENTHAL COLLEEN D. DUFFY HECTOR D. LASALLE, JJ.

Jeffrey D. Cohen, Kew Gardens, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Michelle Kaszuba of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Ira H. Margulis, J.), dated October 6, 2016, 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.

At a risk assessment hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C), the Supreme Court granted the People's application for an upward departure from the presumptive risk level two to risk level three. The defendant appeals from the order designating him a level three sex offender.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the People's application for an upward departure from the presumptive risk level two to risk level three. The People presented clear and convincing evidence of aggravating circumstances, including the defendant's escalating history of sexual misconduct, of a kind or to a degree not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (see People v Ragabi, 150 AD3d 1161, 1161-1162). Upon determining the existence of these aggravating factors, the court providently exercised its discretion in granting the People's application for an upward departure.

MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 24, 2019
2019 N.Y. Slip Op. 482 (N.Y. App. Div. 2019)
Case details for

People v. Smith

Case Details

Full title:People of State of New York, respondent, v. Jonathan Smith, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jan 24, 2019

Citations

2019 N.Y. Slip Op. 482 (N.Y. App. Div. 2019)