People v. Paige

117 A.D.3d 475, 984 N.Y.S.2d 594

This text of 117 A.D.3d 475 (People v. Paige) 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. Paige, 117 A.D.3d 475, 984 N.Y.S.2d 594 (N.Y. Ct. App. 2014).

Opinion

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about September 5, 2012, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in denying a downward departure (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Among other things, the underlying conviction involved a pattern of serious criminal conduct committed against a child, and defendant has been convicted, in another state, of failing to comply with sex offender registration requirements.

Concur — Tom, J.E, Acosta, Andrias, DeGrasse and Richter, JJ.

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Related

People v. Knox
903 N.E.2d 1149 (New York Court of Appeals, 2009)
People v. Johnson
900 N.E.2d 930 (New York Court of Appeals, 2008)
In re Kalil
130 S. Ct. 554 (Supreme Court, 2009)

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Bluebook (online)
117 A.D.3d 475, 984 N.Y.S.2d 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paige-nyappdiv-2014.