Home/Appellate Division of the Supreme Court of New York/People v. Montano

People v. Montano

91 A.D.3d 562, 936 N.Y.2d 889
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 26, 2012
StatusPublished

This text of 91 A.D.3d 562 (People v. Montano) 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. Montano, 91 A.D.3d 562, 936 N.Y.2d 889 (N.Y. Ct. App. 2012).

Opinion

The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v Hansford, 67 AD3d 496 [2009]). Concur — Mazzarelli, J.P, Saxe, Catterson, Acosta and Román, 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)
People v. Hansford
67 A.D.3d 496 (Appellate Division of the Supreme Court of New York, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
91 A.D.3d 562, 936 N.Y.2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montano-nyappdiv-2012.