People v. Mack

Full title: People of State of New York, respondent, v. Clifford Mack, appellant.

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

Date published: Jun 8, 2016

2016 N.Y. Slip Op. 4396 (N.Y. App. Div. 2016)

Opinion

2013-04747

06-08-2016

People of State of New York, respondent, v. Clifford Mack, appellant.

Seymour W. James, Jr., New York, NY (Kerry Elgarten of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI COLLEEN D. DUFFY VALERIE BRATHWAITE NELSON, JJ.

Seymour W. James, Jr., New York, NY (Kerry Elgarten of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Garnett, J.), dated April 10, 2013, 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 Supreme Court providently exercised its discretion in determining that the defendant was not entitled to a downward departure from his presumptive risk level and, thus, properly designated him a level three sex offender (see People v Gillotti, 23 NY3d 841, 861; People v Gordon, 133 AD3d 835, 836-837; People v Wyatt, 89 AD3d 112; People v Wragg, 41 AD3d 1273, 1274).

MASTRO, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino Clerk of the Court