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People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2011
85 A.D.3d 995 (N.Y. App. Div. 2011)

Opinion

No. 2009-09466.

June 21, 2011.

Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated September 14, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Steven Banks, New York, N.Y. (Arthur H. Hopkirk of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Gamaliel Marrero on the brief), for respondent.

Before: Rivera, J.P., Skelos, Hall and Austin, JJ.


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 Fareira, 80 AD3d 589, 590; People v King, 74 AD3d 1162, 1163; People v Guitard, 57 AD3d 751, 752; People v Winney, 43 AD3d 1239). Furthermore, the Supreme Court did not improvidently exercise its discretion in concluding that the mitigating factors proffered by the defendant did not warrant a downward departure from his presumptive risk level ( see People v Swells, 83 AD3d 1027 ; People v Bussie, 83 AD3d 920; People v Adams, 44 AD3d 1020).


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2011
85 A.D.3d 995 (N.Y. App. Div. 2011)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CARTER, Appellant

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

Date published: Jun 21, 2011

Citations

85 A.D.3d 995 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5472
925 N.Y.S.2d 874

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