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,
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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