People v. Dworkowitz

2019 NY Slip Op 1841

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 14, 2019
• Docket: 8710 30205/15
• Status: Published

Opinion

People v Dworkowitz (2019 NY Slip Op 01841)

People v Dworkowitz

2019 NY Slip Op 01841

Decided on March 14, 2019

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 14, 2019
Richter, J.P., Gische, Kern, Moulton, JJ.

8710 30205/15

[*1]The People of the State of New York, Respondent,

v

Chad Dworkowitz, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.

Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about January 8, 2016, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]), in light of its legitimate concerns regarding defendant's criminal history. That history included, among other things, violations of the probation-like sentence defendant

received in another state for the underlying sex crime, resulting

in revocation of that sentence, as well as a conviction for failing to register as a sex offender.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 14, 2019

CLERK