PEOPLE v. JACKSON

2012-07929

114 A.D.3d 739 (2014)

980 N.Y.S.2d 152

2014 NY Slip Op 975

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEMAR JACKSON, Appellant.

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

Decided February 13, 2014.


Appeal by the defendant from an order of the Supreme Court, Kings County (Balter, J.), dated August 21, 2012, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6-C.

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

The defendant contends that he was entitled to a downward departure from the presumptive risk level because of his alleged "exceptional response" to treatment while...

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