PEOPLE v. LINTON

2009-10763.

94 A.D.3d 962 (2012)

942 N.Y.S.2d 371

2012 NY Slip Op 2851

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LINTON, Appellant.

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

Decided April 17, 2012.


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

The Supreme Court did not improvidently exercise its discretion in declining to downwardly depart from the presumptive risk level, since the defendant failed to establish a ground for a downward departure by a preponderance of the evidence (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; People v Fernandez, 91 A.D.3d 737

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