People v. Fenton

Appellate Division of the Supreme Court of New York

People v. Fenton

2016 NY Slip Op 8320, 145 A.D.3d 519, 41 N.Y.S.3d 884

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

DecidedDecember 13, 2016

Docket2441 3714/13

StatusPublished

This text of 2016 NY Slip Op 8320 (People v. Fenton) 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. Fenton, 2016 NY Slip Op 8320, 145 A.D.3d 519, 41 N.Y.S.3d 884 (N.Y. Ct. App. 2016).

Pincite

Opinion

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered July 8, 2015, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People did not meet their burden of establishing, by clear and convincing evidence, that defendant was actually armed with a dangerous instrument during the commission of the offenses (see People v Pearce, 135 AD3d 722 [2d Dept 2016]). Accordingly, 20 points were incorrectly assessed. However, after those points are deducted, resulting in a point score of 75, defendant remains a level two offender, and we find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument.

Concur—Tom, J.P., Friedman, Saxe, Feinman and Kahn, JJ.

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Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered July 8, 2015, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People did not meet their burden of establishing, by clear and convincing evidence, that defendant was actually armed with a dangerous instrument during the commission of the offenses (see People v Pearce, 135 AD3d 722 [2d Dept 2016]). Accordingly, 20 points were incorrectly assessed. However, after those points are deducted, resulting in a point score of 75, defendant remains a level two offender, and we find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument.

Concur—Tom, J.P., Friedman, Saxe, Feinman and Kahn, JJ.

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Bluebook (online)

2016 NY Slip Op 8320, 145 A.D.3d 519, 41 N.Y.S.3d 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fenton-nyappdiv-2016.

Opinion

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