People v. Aboy

Appellate Division of the Supreme Court of New York

People v. Aboy

60 A.D.3d 436, 873 N.Y.S.2d 487

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 2009·Published·Cited by 1 cases

Opinion

— Order, Supreme Court, New York County (Renee A. White, J), entered on or about January 23, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors cited by defendant were generally taken into account by the [437]*437risk assessment instrument. Furthermore, defendant engaged in sex acts with a particularly vulnerable victim. Concur — Tom, J.P., Moskowitz, Renwick and Freedman, JJ.

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— Order, Supreme Court, New York County (Renee A. White, J), entered on or about January 23, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors cited by defendant were generally taken into account by the [437]*437risk assessment instrument. Furthermore, defendant engaged in sex acts with a particularly vulnerable victim. Concur — Tom, J.P., Moskowitz, Renwick and Freedman, JJ.

People v. Aboy, 60 A.D.3d 436, 873 N.Y.S.2d 487 (N.Y. Ct. App. 2009).

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Opinion

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