People v. Bennett
Cases that cite this one
3 later published cases cite this decision.
- ODUM, RICHARD, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Odum (Appellate Division of the Supreme Court of New York 2012)
- People v. Odum (Appellate Division of the Supreme Court of New York 2012)
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
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant failed to preserve for our review his contention that he was entitled to a downward departure from his presumptive risk level (see People v Clark, 66 AD3d 1366 [2009], lv denied 13 NY3d 713 [2009]; People v Ratcliff, 53 AD3d 1110 [2008], lv denied 11 NY3d 708 [2008]). In any event, we reject that contention inasmuch as “defendant failed to present clear and convincing evidence of special circumstances justifying a downward departure” (People v Regan, 46 AD3d 1434, 1435 [2007]). Present — Scudder, PJ., Centra, Garni, Lindley and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.