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PEOPLE v. JOHNSON

44 A.D.3d 571 (2007)

844 N.Y.S.2d 256

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR JOHNSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 30, 2007.

The court properly invoked the presumptive override for a recent threat to reoffend by committing a sexual or violent crime. The 59-year-old defendant, who has been incarcerated for approximately 35 years, was released on parole briefly in 1985, upon which he almost immediately committed a new and very serious sex crime. To the extent that defendant is arguing that the override does not apply to his situation, that argument is waived...

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