People v. Medina

73 A.D.3d 667, 900 N.Y.S.2d 871

This text of 73 A.D.3d 667 (People v. Medina) 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. Medina, 73 A.D.3d 667, 900 N.Y.S.2d 871 (N.Y. Ct. App. 2010).

Opinion

Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about December 13, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk [668]*668level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Defendant’s point score was far above the threshold for a level three offender, and his successful completion of a treatment program did not warrant a downward departure, particularly in light of his very serious record of sex offenses against children. Concur—Tom, J.P., Friedman, Nardelli, Acosta and Abdus-Salaam, JJ.

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Related

People v. Mingo
910 N.E.2d 983 (New York Court of Appeals, 2009)
People v. Johnson
900 N.E.2d 930 (New York Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
73 A.D.3d 667, 900 N.Y.S.2d 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-medina-nyappdiv-2010.