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People v. Turner

December 22, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CHARADA TURNER, DEFENDANT-APPELLANT.



Order, Supreme Court, New York County (Laura A. Ward, J.), entered October 14, 2008, which adjudicated defendant a level three sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.

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.

Sweeny, J.P., Catterson, Renwick, Freedman, Abdus-Salaam, JJ.

7897/97 & 384/02

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Regardless of whether defendant's correct point score is 120, as he contends, or 175, as contended by the People, there is no basis for a discretionary downward departure, particularly in light of defendant's pattern of violent sexual offenses (see generally People v Guaman, 8 AD3d 545 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091222

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