Appellate Division of the Supreme Court of New York, 2007

People v. Adams

People v. Adams
Appellate Division of the Supreme Court of New York · Decided October 30, 2007
44 A.D.3d 1020; 845 N.Y.S.2d 375
People v. Adams

Cases that cite this one

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Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated July 5, 2005, 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.

Contrary to the defendant’s contention, the County Court providently exercised its discretion in denying his request for a downward departure from his presumptive risk level as shown on the risk assessment instrument. The defendant failed to present clear and convincing evidence of special circumstances warranting such a departure. In fact, his contention that his ill health would militate against his reoffending is belied by his own actions in committing a sexual offense at a time when his kidneys allegedly had already failed (see People v Inghilleri, 21 AD3d 404, 405-406 [2005]; People v Davis, 26 AD3d 364 [2006]; cf. People v Abdullah, 31 AD3d 515, 516 [2006]).

In light of our determination, we need not reach the People’s contentions. Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.

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