People v. Guadalupe

Appellate Division of the Supreme Court of New York

People v. Guadalupe

2017 NY Slip Op 71, 146 A.D.3d 442, 43 N.Y.S.3d 747, 2017 WL 53449

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

DecidedJanuary 5, 2017

Docket2423 30169/13

StatusPublished

Cited by2 cases

This text of 2017 NY Slip Op 71 (People v. Guadalupe) 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. Guadalupe, 2017 NY Slip Op 71, 146 A.D.3d 442, 43 N.Y.S.3d 747, 2017 WL 53449 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (Neil E. Ross, J.), entered October 10, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law *443 art 6-C), unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the adjudication to level one, and otherwise affirmed, without costs.

Under the circumstances of this case and in the exercise of our independent discretion, we find that a downward departure to level one is appropriate (People v Gonzalez, 91 AD3d 417 [1st Dept 2012]).

Concur — Friedman, J.P., Acosta, Mazzarelli, Andrias and Moskowitz, JJ.

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Order, Supreme Court, New York County (Neil E. Ross, J.), entered October 10, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law *443 art 6-C), unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the adjudication to level one, and otherwise affirmed, without costs.

Under the circumstances of this case and in the exercise of our independent discretion, we find that a downward departure to level one is appropriate (People v Gonzalez, 91 AD3d 417 [1st Dept 2012]).

Concur — Friedman, J.P., Acosta, Mazzarelli, Andrias and Moskowitz, JJ.

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Bluebook (online)

2017 NY Slip Op 71, 146 A.D.3d 442, 43 N.Y.S.3d 747, 2017 WL 53449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guadalupe-nyappdiv-2017.

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