People v Nicholson

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People v Nicholson 2015 NY Slip Op 05001 Decided on June 12, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND WHALEN, JJ.
660 KA 14-00784

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DEREK NICHOLSON, DEFENDANT-APPELLANT.

Appeal from an order of the Steuben County Court (Marianne Furfure, A.J.), entered December 26, 2013. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.



HUNT & BAKER, HAMMONDSPORT (BRENDA S. ASTON OF COUNSEL), FOR DEFENDANT-APPELLANT.



It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant's contention that reversal is required because County Court failed to state what burden of proof it imposed on defendant's request for a downward departure (see generally People v Gillotti, 23 NY3d 841, 861). In any event, we conclude, based upon our review of the record, that defendant failed to establish his entitlement to a downward departure by a preponderance of the evidence (see People v Merkley, 125 AD3d 1479, 1479; see generally Gillotti, 23 NY3d at 861).

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court