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People v. Donaldson

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


October 13, 2009

PEOPLE OF STATE OF NEW YORK, RESPONDENT,
v.
JOHN L. DONALDSON, APPELLANT.

Appeal by the defendant from an order of the Supreme Court, Nassau County (Donnino, J.), dated June 17, 2005, which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp2d 456), designated him a level three sex offender pursuant to Correction Law article 6-C.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, RANDALL T. ENG JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The defendant failed to show, by clear and convincing evidence, that special circumstances existed warranting a downward departure from his presumptive risk level three designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level three sex offender (see People v Ainoris, 57 AD3d 864; People v Bowens, 55 AD3d 809, 810; People v Windham, 37 AD3d 571, affd 10 NY3d 801; People v Morales, 33 AD3d 982, 983).

RIVERA, J.P., FLORIO, ENG and LEVENTHAL, JJ., concur.

20091013

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