From Casetext: Smarter Legal Research

People v. Dingle

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 2010
79 A.D.3d 834 (N.Y. App. Div. 2010)

Opinion

No. 2009-06398.

December 14, 2010.

Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.), dated June 30, 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. (Joanne Legano Ross of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Sam Hershey on the brief), for respondent.

Before: Skelos, J.P., Eng, Hall and Lott, JJ.


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

The defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from his presumptive level three risk assessment ( see People v Colavito, 73 AD3d 1004, 1005; People v Bowens, 55 AD3d 809, 810; People v Guaman, 8 AD3d 545). Accordingly, the Supreme Court providently exercised its discretion in designating the defendant a level three sex offender.


Summaries of

People v. Dingle

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 2010
79 A.D.3d 834 (N.Y. App. Div. 2010)
Case details for

People v. Dingle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT DINGLE…

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

Date published: Dec 14, 2010

Citations

79 A.D.3d 834 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 9235
912 N.Y.S.2d 421

Citing Cases

People v. Vevgas

Contrary to the defendant's contention, the Supreme Court properly assessed 10 points under risk factor 1 for…