PEOPLE v. CARTER

11810, 2486/07

114 A.D.3d 592 (2014)

980 N.Y.S.2d 465

2014 NY Slip Op 1279

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY CARTER, Appellant.

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

Decided February 25, 2014.


Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about November 18, 2011, which adjudicated defendant a level three sexually violent predicate sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in denying a downward departure. The underlying offense...

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