People v. Corian

Appellate Division of the Supreme Court of New York

People v. Corian

77 A.D.3d 590, 909 N.Y.S.2d 360

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

DecidedOctober 28, 2010

StatusPublished

This text of 77 A.D.3d 590 (People v. Corian) 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. Corian, 77 A.D.3d 590, 909 N.Y.S.2d 360 (N.Y. Ct. App. 2010).

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Opinion

Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about April 16, 2009, 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 applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in declining to grant a downward departure (see People v Judd, 29 AD3d 431 [2006], lv denied 7 NY3d 709 [2006]). Defendant, who, among other things, has twice been convicted of persistent sexual abuse (Penal Law § 130.53), has demonstrated an extremely high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not serious enough to warrant a level three designation is unpersuasive. Concur—Tom, J.P., Friedman, Catterson, Richter and Manzanet-Daniels, JJ.

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Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about April 16, 2009, 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 applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in declining to grant a downward departure (see People v Judd, 29 AD3d 431 [2006], lv denied 7 NY3d 709 [2006]). Defendant, who, among other things, has twice been convicted of persistent sexual abuse (Penal Law § 130.53), has demonstrated an extremely high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not serious enough to warrant a level three designation is unpersuasive. Concur—Tom, J.P., Friedman, Catterson, Richter and Manzanet-Daniels, JJ.

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Bluebook (online)

77 A.D.3d 590, 909 N.Y.S.2d 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corian-nyappdiv-2010.

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