Opinion
2014-10-1
The PEOPLE of State of New York, etc., respondent, v. Robert GOODS, appellant.
John F. Ryan, White Plains, N.Y. (Venessa Melly of counsel), for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
John F. Ryan, White Plains, N.Y. (Venessa Melly of counsel), for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea, J.), entered October 29, 2013, 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 People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime. Therefore, he was presumptively a level three sex offender pursuant to an automatic override addressing prior felony convictions for sex crimes ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 3–4 [2006]; People v. Barfield, 115 A.D.3d 835, 835, 982 N.Y.S.2d 369; People v. Manson, 111 A.D.3d 688, 688, 974 N.Y.S.2d 792; People v. Henry, 107 A.D.3d 678, 679, 966 N.Y.S.2d 499). Further, the Supreme Court properly concluded that the defendant failed to establish, by a preponderance of the evidence, any ground for a downward departure from his presumptive risk level ( see People v. Nethercott, 119 A.D.3d 918, 989 N.Y.S.2d 900; People v. Rosen, 117 A.D.3d 927, 927, 985 N.Y.S.2d 903; People v. Wyatt, 89 A.D.3d 112, 128, 931 N.Y.S.2d 85; see also People v. Manson, 111 A.D.3d at 689, 974 N.Y.S.2d 792).