People v. Baisley

Appellate Division of the Supreme Court of New York

People v. Baisley

124 A.D.3d 485, 1 N.Y.S.3d 94

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 2015

Docket13972 30215/11

StatusPublished

Cited by1 cases

This text of 124 A.D.3d 485 (People v. Baisley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Baisley, 124 A.D.3d 485, 1 N.Y.S.3d 94 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, New York County (Daniel McCullough, J.), entered on or about May 23, 2012, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 *486 [2014]). The underlying offense was committed against two 13-year-old girls, and defendant has not established that his alleged good behavior in the years following his release from prison warrants a downward departure. In any event, while defendant was not convicted of any sex offenses after his release, he was convicted of a weapon offense. We have considered and rejected defendant’s argument that there was an overassessment of points under certain risk factors.

Concur — Tom, J.E, Saxe, Feinman, Clark and Kapnick, JJ.

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Order, Supreme Court, New York County (Daniel McCullough, J.), entered on or about May 23, 2012, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 *486 [2014]). The underlying offense was committed against two 13-year-old girls, and defendant has not established that his alleged good behavior in the years following his release from prison warrants a downward departure. In any event, while defendant was not convicted of any sex offenses after his release, he was convicted of a weapon offense. We have considered and rejected defendant’s argument that there was an overassessment of points under certain risk factors.

Concur — Tom, J.E, Saxe, Feinman, Clark and Kapnick, JJ.

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Bluebook (online)

124 A.D.3d 485, 1 N.Y.S.3d 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baisley-nyappdiv-2015.

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