People v. Barrios

Appellate Division of the Supreme Court of New York

People v. Barrios

2017 NY Slip Op 14, 146 A.D.3d 413, 43 N.Y.S.3d 741

Appellate Division of the Supreme Court of the State of New York·Decided January 3, 2017·No. 2606 2082/12·Published

Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered February 24, 2014, which adjudicated defendant a level two 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 [2014]). The mitigating factors cited by defendant are outweighed by the egregious circumstances of his underlying criminal activity against a child.

Concur — Friedman, J.P., Sweeny, Richter, Manzanet-Daniels and Kapnick, JJ.

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Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered February 24, 2014, which adjudicated defendant a level two 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 [2014]). The mitigating factors cited by defendant are outweighed by the egregious circumstances of his underlying criminal activity against a child.

Concur — Friedman, J.P., Sweeny, Richter, Manzanet-Daniels and Kapnick, JJ.

People v. Barrios, 2017 NY Slip Op 14, 146 A.D.3d 413, 43 N.Y.S.3d 741 (N.Y. Ct. App. 2017).

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Opinion

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