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PEOPLE v. AUSTIN

54 A.D.3d 916 (2008)

863 N.Y.S.2d 613

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS AUSTIN, Appellant.

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

September 23, 2008.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court's determination to designate the defendant a level three sex offender based upon a "presumptive override" factor, namely, that the defendant had "a prior felony conviction for a sex crime," is supported by clear and convincing evidence and, thus, should not be disturbed (see People v Juarbe, 36 A.D.3d 602...

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