People v. Gonell
This text of 125 A.D.3d 545 (People v. Gonell) 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 (Seth L. Marvin, J.), entered on or about November 27, 2013, which adjudicated defendant a level two sexual offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant did not warrant such a departure, given the egregious circumstances of the underlying crime against a 13-year-old child and defendant’s overall criminal record, including his history of absconding and remaining a fugitive.
Concur — Tom, J.P., Andrias, Richter and Gische, JJ.
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Cite This Page — Counsel Stack
125 A.D.3d 545, 1 N.Y.S.3d 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonell-nyappdiv-2015.