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People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2008
55 A.D.3d 708 (N.Y. App. Div. 2008)

Opinion

No. 2007-06033.

October 14, 2008.

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated June 20, 2007, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Steven Banks, New York, N.Y. (Susan Epstein of counsel), for appellant.

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

Before: Rivera, J.P., Dillon, Covello and Angiolillo, JJ.


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

The defendant's contention that the Supreme Court improperly assessed points for both the age of the victim and the incapacity of the victim is unpreserved for appellate review ( see People v Await, 17 AD3d 336; People v Angelo, 3 AD3d 482; People v Baker, 303 AD2d 570). In any event, the contention is without merit ( see People v Stevens, 48 AD3d 536; People v Davenport, 38 AD3d 634; People v Vaughn, 26 AD3d 776). The court providently exercised its discretion in denying the defendant's request for a downward departure.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2008
55 A.D.3d 708 (N.Y. App. Div. 2008)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM E. WILLIAMS…

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

Date published: Oct 14, 2008

Citations

55 A.D.3d 708 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 7894
864 N.Y.S.2d 781

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