People v. McMichael

Appellate Division of the Supreme Court of New York

People v. McMichael

2017 NY Slip Op 3274, 149 A.D.3d 670, 50 N.Y.S.3d 880

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

DecidedApril 27, 2017

Docket3862 30110/15

StatusPublished

This text of 2017 NY Slip Op 3274 (People v. McMichael) 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. McMichael, 2017 NY Slip Op 3274, 149 A.D.3d 670, 50 N.Y.S.3d 880 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered September 8, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points for defendant’s continuing course of sexual abuse against his daughters. In any event, regardless of whether defendant’s correct point score is 105 or 85 points, he remains a level two offender, and we find no basis for 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 risk assessment instrument or outweighed by aggravating factors, including defendant’s criminal history and failure to register as a sex offender in the state where the underlying crimes were committed.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered September 8, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points for defendant’s continuing course of sexual abuse against his daughters. In any event, regardless of whether defendant’s correct point score is 105 or 85 points, he remains a level two offender, and we find no basis for 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 risk assessment instrument or outweighed by aggravating factors, including defendant’s criminal history and failure to register as a sex offender in the state where the underlying crimes were committed.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 3274, 149 A.D.3d 670, 50 N.Y.S.3d 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcmichael-nyappdiv-2017.

Opinion

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