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People v. Jaramillo
49 A.D.3d 835
| N.Y. App. Div. | 2008
|
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*836Contrary to the defendant’s contention, the County Court’s determination to designate him a level two sex offender is supported by clear and convincing evidence, and thus, should not be disturbed (see Correction Law § 168-n [3]; People v Wright, 37 AD3d 797 [2007]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 11-12 [2006 ed]). The defendant failed to present clear and convincing evidence of the existence of mitigating factors warranting a downward departure from his presumptive risk level (see People v Martinez, 39 AD3d 835 [2007]; People v Guaman, 8 AD3d 545 [2004]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.

Case Details

Case Name: People v. Jaramillo
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 25, 2008
Citation: 49 A.D.3d 835
Court Abbreviation: N.Y. App. Div.
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