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People v. Alston

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 2011
86 A.D.3d 553 (N.Y. App. Div. 2011)

Opinion

No. 2010-03539.

July 12, 2011.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Collini, J.), dated February 5, 2010, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel; Christopher B. Servier on the brief), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Michael Shollar of counsel), for respondent.

Before: Rivera, J.P., Florio, Austin and Cohen, JJ.


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

"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, lv denied — NY3d —, 2011 NY Slip Op 76743 [2011], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Cruz, 74 AD3d 1305, 1306). Here, 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 Sivells, 83 AD3d 1027; People v Bussie, 83 AD3d 920).

The defendant's remaining contentions are improperly raised for the first time on appeal.


Summaries of

People v. Alston

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 2011
86 A.D.3d 553 (N.Y. App. Div. 2011)
Case details for

People v. Alston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE ALSTON…

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

Date published: Jul 12, 2011

Citations

86 A.D.3d 553 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5952
926 N.Y.S.2d 901

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