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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 2009
66 A.D.3d 750 (N.Y. App. Div. 2009)

Opinion

No. 2005-05210.

October 13, 2009.

Appeal by the defendant from an order of the County Court, Nassau County (Gulotta, J.), dated May 3, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David A. Bernstein of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Joanna Hershey of counsel), for respondent.

Before: Rivera, J.P., Florio, Eng and Leventhal, JJ., concur.


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

Contrary to the defendant's contention, the County Court providently exercised its discretion in upwardly departing from the defendant's presumptive sex offender level ( see People v Villane, 49 AD3d 517, 517-518; People v Fabara, 49 AD3d 619). The court's determination was supported by clear and convincing evidence based, inter alia, on the case summary prepared by the Board of Examiners of Sex Offenders, the defendant's mental health evaluation, and the probation department report ( see People v Fabara, 49 AD3d 619).

The defendant's remaining contentions are without merit.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 2009
66 A.D.3d 750 (N.Y. App. Div. 2009)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAHSHON T. THOMAS…

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

Date published: Oct 13, 2009

Citations

66 A.D.3d 750 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7387
885 N.Y.S.2d 916

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