People v. Brunson

143 A.D.3d 431, 38 N.Y.S.3d 415
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 4, 2016
Docket1816
StatusPublished

This text of 143 A.D.3d 431 (People v. Brunson) 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. Brunson, 143 A.D.3d 431, 38 N.Y.S.3d 415 (N.Y. Ct. App. 2016).

Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on January 8, 2014,. which adjudicated defendant a level three predicate 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 from the presumptive override to level three for a prior felony sex crime conviction (see People *432 v Gillotti, 23 NY3d 841 [2014]). The egregiousness of the underlying sex crime against a child, as well as that of the predicate crime, likewise against a child, outweighed the mitigating factors cited by defendant. Concur — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.

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Related

People v. Gillotti
18 N.E.3d 701 (New York Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
143 A.D.3d 431, 38 N.Y.S.3d 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brunson-nyappdiv-2016.