People v. Corian

Appellate Division of the Supreme Court of New York

People v. Corian

123 A.D.3d 613, 996 N.Y.S.2d 917

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

DecidedDecember 23, 2014

Docket13820 3602/04

StatusPublished

This text of 123 A.D.3d 613 (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, 123 A.D.3d 613, 996 N.Y.S.2d 917 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about October 26, 2012, which adjudicated defendant a level three 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 defendant’s prior felony conviction for persistent sexual abuse (Penal Law § 130.53), and properly exercised its discretion in declining to grant a downward departure. Defendant’s principal arguments are similar to arguments this Court rejected on defendant’s appeal from another sex offender adjudication arising out of a similar conviction (77 AD3d 590 [1st Dept 2010], lv denied 16 NY3d 705 [2011]), and we see no reason to reach a *614 different result.

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

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Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about October 26, 2012, which adjudicated defendant a level three 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 defendant’s prior felony conviction for persistent sexual abuse (Penal Law § 130.53), and properly exercised its discretion in declining to grant a downward departure. Defendant’s principal arguments are similar to arguments this Court rejected on defendant’s appeal from another sex offender adjudication arising out of a similar conviction (77 AD3d 590 [1st Dept 2010], lv denied 16 NY3d 705 [2011]), and we see no reason to reach a *614 different result.

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

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Bluebook (online)

123 A.D.3d 613, 996 N.Y.S.2d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corian-nyappdiv-2014.

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