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PEOPLE v. BOWENS

2009-00812

68 A.D.3d 1082 (2009)

2009 NY Slip Op 9633

890 N.Y.S.2d 336

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERVIN BOWENS, Appellant.

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

Decided December 22, 2009.

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

The defendant failed to show, by clear and convincing evidence, the existence of a special circumstance warranting a downward departure from his presumptive designation as a level three sex offender (see People v Foy, 49 A.D.3d 835 [2008]). Accordingly, the County Court providently exercised its discretion in designating him a level three sex offender (

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