People v Seals

People v Seals 2013 NY Slip Op 08423 Decided on December 18, 2013 Appellate Division, Second 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 December 18, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
2012-01260

[*1]People of State of New York, respondent,

v

Virgil Seals, appellant.




Steven Banks, New York, N.Y. (Denise Fabiano of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Linda Breen of counsel;
Cassandra Volcy on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated January 30, 2012, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The People presented clear and convincing evidence to support a risk level three classification (see Correction Law § 168-n[3]; People v Pettigrew, 14 NY3d 406; People v Mingo, 12 NY3d 563; People v Gilligan, 94 AD3d 844). The defendant's contention that the hearing court should not have considered his 1979 violent felony conviction in determining his risk assessment is without merit (see People v Kitt, 47 AD3d 456; People v Camacho, 35 AD3d 424; People v Oginski, 35 AD3d 952; People v Sinclair, 23 AD3d 537). In addition, there is no merit to the contention that the defendant was entitled to a downward departure to risk level two (see People v Mingo, 12 NY3d 563; People v Wyatt, 89 AD3d 112; People v Mabee, 69 AD3d 820).
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court