People v. Galarza
This text of 76 A.D.2d 906 (People v. Galarza) 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.
Opinion
Order, Supreme Court, Bronx County (Joseph J. Dawson, J.), entered on or about September 12, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender [907]*907Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Defendant’s lack of a prior criminal record was adequately taken into account by the risk assessment instrument (see People v Hansford, 67 AD3d 496 [2009]). Defendant’s remaining arguments are based upon scientific studies not presented to the hearing court, or are otherwise unpersuasive. Concur—Saxe, J.E, Friedman, Moskowitz, Freedman and Román, JJ.
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Cite This Page — Counsel Stack
76 A.D.2d 906, 907 N.Y.S.2d 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-galarza-nyappdiv-2010.