People v. Long

137 A.D.3d 502, 26 N.Y.S.3d 471
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 8, 2016
Docket984/79 445 2173/79 444
StatusPublished

This text of 137 A.D.3d 502 (People v. Long) 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. Long, 137 A.D.3d 502, 26 N.Y.S.3d 471 (N.Y. Ct. App. 2016).

Opinion

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered October 15, 2013, which adjudicated defendant a level three sexually violent predicate sex 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]). There were no mitigating factors that were not adequately taken into account by the guidelines, or outweighed by seriousness of the underlying criminal conduct.

The record fails to support defendant’s claim that the hear *503 ing court applied an incorrect evidentiary standard in finding that no departure was warranted.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

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Related

People v. Gillotti
18 N.E.3d 701 (New York Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
137 A.D.3d 502, 26 N.Y.S.3d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-long-nyappdiv-2016.