136 A.D.3d 1006 25 N.Y.S.3d 614

The People of the State of New York, Respondent, v Vincent Malerba, Appellant.

[25 NYS3d 614]

— Appeal by the de*1007fendant from an order of the Supreme Court, Kings County (Harrington, J.), dated April 29, 2014, 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 defendant was presumptively a level three sex offender pursuant to an automatic override based upon the fact that he murdered the victim during the course of his sexual assault (see People v Malerba, 108 AD2d 759 [1985]; People v Abreu, 89 AD3d 711 [2011]). The Supreme Court properly determined that the defendant was not entitled to a downward departure from his presumptive risk level (see People v Grubbs, 107 AD3d 771 [2013]; People v Bussie, 83 AD3d 920, 921 [2011]).

Mastro, J.P., Chambers, Miller and Hinds-Radix, JJ., concur.

People v. Malerba
136 A.D.3d 1006 25 N.Y.S.3d 614

Case Details

Name
People v. Malerba
Decision Date
Feb 24, 2016
Citations

136 A.D.3d 1006

25 N.Y.S.3d 614

Jurisdiction
New York

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