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People v. Fountain

114 A.D.3d 491, 979 N.Y.S.2d 810
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 13, 2014
StatusPublished

This text of 114 A.D.3d 491 (People v. Fountain) 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. Fountain, 114 A.D.3d 491, 979 N.Y.S.2d 810 (N.Y. Ct. App. 2014).

Opinion

Order, Supreme Court, New York County (Roger Hayes, J), entered on or about September 14, 2009, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]). Defendant’s egregious criminal record, including the underlying sex crime, defendant’s prior sex crimes against children, and his homicide convictions, outweighs the factors he cites in support of a downward departure. Concur — Gonzalez, EJ, Sweeny, Richter, ManzanetDaniels and Clark, JJ.

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Related

People v. Knox
903 N.E.2d 1149 (New York Court of Appeals, 2009)
People v. Johnson
900 N.E.2d 930 (New York Court of Appeals, 2008)
In re Kalil
130 S. Ct. 554 (Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
114 A.D.3d 491, 979 N.Y.S.2d 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fountain-nyappdiv-2014.