People v. Blum

Appellate Division of the Supreme Court of New York

People v. Blum

2017 NY Slip Op 1969, 148 A.D.3d 520, 48 N.Y.S.3d 591

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

DecidedMarch 16, 2017

Docket3292 669/08

StatusPublished

This text of 2017 NY Slip Op 1969 (People v. Blum) 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. Blum, 2017 NY Slip Op 1969, 148 A.D.3d 520, 48 N.Y.S.3d 591 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (John S. Moore, J.), entered December 15, 2010, which, upon granting defendant’s motion for reargument and rehearing to the extent of conducting a rehearing of his risk level determination, adhered to its prior order entered on or about August 10, 2010, adjudicating defendant a level three sexually violent offender pursuant to the Sexual Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Regardless of whether defendant’s correct point score is 145 or, as he claims, 125 points, we find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant, including scientific and medical evidence, were outweighed by the seriousness of the *521 underlying sexual offense.

Concur — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Kahn, JJ.

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Order, Supreme Court, New York County (John S. Moore, J.), entered December 15, 2010, which, upon granting defendant’s motion for reargument and rehearing to the extent of conducting a rehearing of his risk level determination, adhered to its prior order entered on or about August 10, 2010, adjudicating defendant a level three sexually violent offender pursuant to the Sexual Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Regardless of whether defendant’s correct point score is 145 or, as he claims, 125 points, we find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant, including scientific and medical evidence, were outweighed by the seriousness of the *521 underlying sexual offense.

Concur — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 1969, 148 A.D.3d 520, 48 N.Y.S.3d 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blum-nyappdiv-2017.

Opinion

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