Majority
p. 1006The People of the State of New York, Respondent, v Vincent Malerba, Appellant. [25 NYS3d 614]
— Appeal by the de
p. 1007
fendant 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.
Cases cited
- People v. Abreu 89 AD3d 711 p. 1007
- People v. Grubbs 107 AD3d 771 p. 1007
- People v. Bussie 83 AD3d 920 at 921 p. 1007