People v. Berry
This text of 36 A.D.3d 540 (People v. Berry) 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.
Opinion
Order, Supreme Court, New York County (Ruth L. Sussman, J.), entered on or about May 2, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly adjudicated defendant a level three sex offender. Defendant did not contest the court’s assessment of 125 points, which exceeded the statutory threshold of 110 points, and the court, after considering mitigating factors argued by defendant, properly exercised its discretion in denying his request for a downward departure from the presumptive risk level (see People v Guarnan, 8 AD3d 545 [2004]). Concur — Saxe, J.P, Marlow, Nardelli, Sweeny and Catterson, JJ.
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Cite This Page — Counsel Stack
36 A.D.3d 540, 826 N.Y.S.2d 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berry-nyappdiv-2007.