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PEOPLE v. DONALDSON

2005-07792.

66 A.D.3d 749 (2009)

886 N.Y.S.2d 359

2009 NY Slip Op 7386

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN L. DONALDSON, Appellant.

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

Decided October 13, 2009.

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

The defendant failed to show, by clear and convincing evidence, that special circumstances existed warranting a downward departure from his presumptive risk level three designation. Accordingly, the Supreme Court providently exercised its discretion in designating him a level three sex offender (see People v Ainoris, 57 A.D.3d 864 [2008]; People v Bowens...

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