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People v. Rogers

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 18, 2011
81 A.D.3d 1441 (N.Y. App. Div. 2011)

Opinion

No. KA 09-01456.

February 18, 2011.

Appeal from an order of the Monroe County Court (Frank R Geraci, Jr., J.), entered June 15, 2009. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present — Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends he was entitled to a downward departure from his presumptive risk level. Defendant failed to preserve that contention for our review ( see People v Gilbert, 78 AD3d 1584, 1585-1586; People v Kelley, 64 AD3d 1192, lv denied 13 NY3d 708). In any event, that contention lacks merit inasmuch as defendant failed to "'present clear and convincing evidence of special circumstances justifying a downward departure'" ( People v Clark, 66 AD3d 1366, 1367, lv denied 13 NY3d 713; see People v Sawyer, 78 AD3d 1517).


Summaries of

People v. Rogers

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 18, 2011
81 A.D.3d 1441 (N.Y. App. Div. 2011)
Case details for

People v. Rogers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE E. ROGERS…

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

Date published: Feb 18, 2011

Citations

81 A.D.3d 1441 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1193
916 N.Y.S.2d 879