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The People of the State of New York v. David Lee

New York Supreme and/or Appellate Courts Appellate Division, First Department


June 21, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
DAVID LEE,
DEFENDANT-APPELLANT.

People v Lee

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.

Decided on June 21, 2012

Tom, J.P., Andrias, Friedman, Moskowitz, Renwick, JJ.

Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about October 11, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in granting a downward departure to risk level two while declining to grant a further departure (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The court properly determined, after balancing the evidence of defendant's rehabilitative efforts against the extreme seriousness of his criminal conduct, that a downward departure to the lowest risk level would not be warranted.

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

ENTERED: JUNE 21, 2012

DEPUTY CLERK

20120621

© 1992-2012 VersusLaw Inc.



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