People v. Montano
91 A.D.3d 562, 936 N.Y.2d 889
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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People v. Montano, 91 A.D.3d 562, 936 N.Y.2d 889 (N.Y. Ct. App. 2012).
91 A.D.3d 562 (People v. Montano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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)