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People v. Richard Davis

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 2010
77 A.D.3d 896 (N.Y. App. Div. 2010)

Opinion

No. 2009-06033.

October 26, 2010.

Appeal by the defendant from an order of the Supreme Court, Kings County (D'Emic, J.), dated June 12, 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, Anthea H. Bruffee, and Catherine Dagonese of counsel), for respondent

Before: Dillon, J.P., Florio, Balkin and Roman, JJ.


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

The Supreme Court providently exercised its discretion in denying the defendant's request for a downward departure from his presumptive level three sex offender designation ( see People v King, 74 AD3d 1162; People v Pietarniello, 53 AD3d 475, 478; People v Taylor, 47 AD3d 907). The defendant failed to demonstrate, by clear and convincing evidence, that there exists a mitigating factor of a kind or to a degree not otherwise taken into account by the Sex Offender Registration Act Guidelines that warranted such a departure ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; People v Pietarniello, 53 AD3d 475; People v Taylor, 47 AD3d 907).


Summaries of

People v. Richard Davis

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 2010
77 A.D.3d 896 (N.Y. App. Div. 2010)
Case details for

People v. Richard Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DAVIS…

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

Date published: Oct 26, 2010

Citations

77 A.D.3d 896 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7727
909 N.Y.S.2d 646