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The People of the State of New York, Respondent v. Kenneth Snow

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 1, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH SNOW, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Monroe County (Frank P. Geraci, Jr., A.J.), entered March 17, 2011.

People v Snow

Appellate Division, Fourth Department

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.

Released on February 1, 2013

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

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 that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). On appeal, defendant's sole contention is that Supreme Court erred in denying his request for a downward modification of his presumptive risk level. We reject that contention inasmuch as defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure (see People v Jefferson, 74 AD3d 1756, 1756, lv denied 15 NY3d 709; People v Wragg, 41 AD3d 1273, 1274, lv denied 9 NY3d 809). Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court

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