Legal Opinion
People v. Burgess
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 2011PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Tomei, J.), dated March 25, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive risk level three designation (see People v Bennis, 77 AD3d 896 [2010]; People v Lynk, 74 AD3d 929, 929-930 [2010]; People v Colavito, 73 AD3d 1004, 1005 [2010]; People v…
2Cases cited7 opinions
- People v. BowensAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ColavitoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. AinorisAppellate Division of the Supreme Court of the State of New York · 2008
- People v. LynkAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PearsallAppellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2011