People v. Hope

Appellate Division of the Supreme Court of New York

People v. Hope

134 A.D.3d 414, 19 N.Y.S.3d 724

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 2015·Published

Opinion

Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about July 16, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

[415] The court properly exercised its discretion when it declined to grant 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 guidelines, and the record does not establish any basis for a downward departure, particularly in light of the seriousness of the underlying crime and defendant’s criminal history. Concur — Mazzarelli, J.P., Moskowitz, Richter and Manzanet-Daniels, JJ.

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Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about July 16, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

[415] The court properly exercised its discretion when it declined to grant 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 guidelines, and the record does not establish any basis for a downward departure, particularly in light of the seriousness of the underlying crime and defendant’s criminal history. Concur — Mazzarelli, J.P., Moskowitz, Richter and Manzanet-Daniels, JJ.

People v. Hope, 134 A.D.3d 414, 19 N.Y.S.3d 724 (N.Y. Ct. App. 2015).

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Opinion

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