People v. Bonds

Appellate Division of the Supreme Court of New York

People v. Bonds

137 A.D.3d 456, 25 N.Y.S.3d 878

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

DecidedMarch 3, 2016

Docket397 1642/78

StatusPublished

This text of 137 A.D.3d 456 (People v. Bonds) 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. Bonds, 137 A.D.3d 456, 25 N.Y.S.3d 878 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about July 25, 2013, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Regardless of whether defendant’s correct point score is 140 or, as he claims, 115 points, we find no basis for a discretionary downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors raised by defendant were adequately accounted for in the risk assessment instrument, or were outweighed by the seriousness of defendant’s underlying offenses.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

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Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about July 25, 2013, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Regardless of whether defendant’s correct point score is 140 or, as he claims, 115 points, we find no basis for a discretionary downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors raised by defendant were adequately accounted for in the risk assessment instrument, or were outweighed by the seriousness of defendant’s underlying offenses.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

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Bluebook (online)

137 A.D.3d 456, 25 N.Y.S.3d 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bonds-nyappdiv-2016.

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