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People v. Bowens

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


December 22, 2009

PEOPLE OF STATE OF NEW YORK, RESPONDENT,
v.
ERVIN BOWENS, APPELLANT.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated December 18, 2008, which, after a hearing, 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.

MARK C. DILLON, J.P., FRED T. SANTUCCI, ANITA R. FLORIO and L. PRISCILLA HALL, JJ.

DECISION & ORDER

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

The defendant failed to show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender (see People v Foy, 49 AD3d 835). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender (see People v Bowens, 55 AD3d 809).

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

20091222

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