People v. Munoz
This text of 125 A.D.3d 519 (People v. Munoz) 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.
Opinion
Order, Supreme *520 Court, New York County (Marcy L. Kahn, J.), entered on or about June 19, 2013, which adjudicated defendant a level two sex offender following a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Clear and convincing evidence supported the court’s assessment of 20 points for defendant’s establishment of a relationship for the purpose of victimization, and we reject defendant’s arguments to the contrary. The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Given the seriousness of the underlying conduct, defendant’s arguments in favor of such a departure are unavailing.
Concur — Friedman, J.R, Andrias, Moskowitz, DeGrasse and Richter, JJ.
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Cite This Page — Counsel Stack
125 A.D.3d 519, 1 N.Y.S.3d 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-munoz-nyappdiv-2015.