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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2011
85 A.D.3d 750 (N.Y. App. Div. 2011)

Opinion

No. 2009-03839.

June 7, 2011.

Appeal by the defendant from an order of the Supreme Court, Kings County (Chun, J.), dated April 20, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehey, and Matthew Livits of counsel), for respondent.

Before: Prudenti, P.J., Angiolillo, Florio and Cohen, JJ.


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

The Board of Examiners of Sex Offenders recommended that the defendant be classified as a level three sex offender. "A departure from the presumptive risk level is warranted where `there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines'" ( People v Bussie, 83 AD3d 920, 920-921, quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]). The Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level three sex offender ( see People v Bussie, 83 AD3d 920; People v Mendez, 79 AD3d 834).


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2011
85 A.D.3d 750 (N.Y. App. Div. 2011)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAYTON BROWN…

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

Date published: Jun 7, 2011

Citations

85 A.D.3d 750 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5036
924 N.Y.S.2d 815

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