People v. Cosme

Appellate Division of the Supreme Court of New York

People v. Cosme

46 A.D.3d 323, 846 N.Y.S.2d 905

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

DecidedDecember 13, 2007

StatusPublished

This text of 46 A.D.3d 323 (People v. Cosme) 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. Cosme, 46 A.D.3d 323, 846 N.Y.S.2d 905 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about July 5, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish any special circumstances warranting a downward departure from his risk level (see People v Guaman, 8 AD3d 545 [2004]), which was based on the presumptive override for a prior felony sex crime conviction. Defendant’s criminal record, which included multiple convictions for the same type of sex crime, most recently committed in both 2002 [324]*324and 2004, demonstrated a high risk of recidivism that was not outweighed by the mitigating factors advanced by defendant. Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ.

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Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about July 5, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish any special circumstances warranting a downward departure from his risk level (see People v Guaman, 8 AD3d 545 [2004]), which was based on the presumptive override for a prior felony sex crime conviction. Defendant’s criminal record, which included multiple convictions for the same type of sex crime, most recently committed in both 2002 [324]*324and 2004, demonstrated a high risk of recidivism that was not outweighed by the mitigating factors advanced by defendant. Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ.

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Bluebook (online)

46 A.D.3d 323, 846 N.Y.S.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cosme-nyappdiv-2007.

Opinion

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