PEOPLE v. MARTINEZ

2012-05257.

104 A.D.3d 924 (2013)

962 N.Y.S.2d 336

2013 NY Slip Op 2060

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN MARTINEZ, Appellant.

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

March 27, 2013.


Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 1, 2012, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The defendant contends that the County Court should have departed from the presumptive risk level because he allegedly had an "exceptional response" to treatment while incarcerated...

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