PEOPLE v. DAVIS

2018-04419.

179 A.D.3d 183 (2019)

115 N.Y.S.3d 350

2019 NY Slip Op 08720

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM DAVIS, Appellant.

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

Decided December 4, 2019.


Attorney(s) appearing for the Case

Janet E. Sabel , New York City ( Justine M. Luongo and William B. Carney of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens ( John M. Castellano , Johnnette Traill , Ellen C. Abbot and Eugene J. Dirks of counsel), for respondent.

COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.


OPINION OF THE COURT

On this appeal, we are asked to determine whether a previously adjudicated level three sex offender has established, by clear and convincing evidence, that a downward modification of that status to a level one is appropriate. Based upon the circumstances of this case, we respond in the affirmative and...

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