Appellate Division of the Supreme Court of New York, 2012

People v. Brockington

Appellate Division of the Supreme Court of New York · Decided April 20, 2012

94 A.D.3d 1433; 942 N.Y.S.2d 823

Cases that cite this one

1 later published case cites this decision.

People v. Austin (Appellate Division of the Supreme Court of New York 2019)

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 from an order of the Monroe County Court (Frank E Geraci, Jr., J.), entered September 21, 2010. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining *1434that 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 Ratcliff, 53 AD3d 1110 [2008], lv denied 11 NY3d 708 [2008]). “In any event, that contention lacks merit 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]; see Ratcliff, 53 AD3d 1110). Present — Centra, J.E, Peradotto, Lindley, Sconiers and Martoche, JJ.

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