Appellate Division of the Supreme Court of New York, 2011

People v. Smith

Appellate Division of the Supreme Court of New York · Decided June 14, 2011

85 A.D.3d 891; 925 N.Y.S.2d 335

Cases that cite this one

1 later published case cites this decision.

People v. Livingston (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Rings County (Marrus, J.), dated June 26, 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.

There was clear and convincing evidence to support the Supreme Court’s determination to designate the defendant a level three sex offender (see People v Fisher, 36 AD3d 880 [2007]; *892People v Inghilleri, 21 AD3d 404 [2005]; People v Guaman, 8 AD3d 545 [2004]). There is no merit to the defendant’s contention that he was entitled to a downward departure from this risk level (see People v Fareira, 80 AD3d 589 [2011]; People v Burgess, 80 AD3d 589 [2011]; People v Gonzalez, 48 AD3d 284 [2008]; People v Warren, 42 AD3d 593 [2007]; People v Fortin, 29 AD3d 765 [2006]; see also People v Iorio, 74 AD3d 1306 [2010]; People v Miller, 48 AD3d 774 [2008]). Dillon, J.P., Balkin, Belen and Sgroi, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.