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

People v. Pittman

113 A.D.3d 497, 978 N.Y.2d 840
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 21, 2014
StatusPublished

This text of 113 A.D.3d 497 (People v. Pittman) 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. Pittman, 113 A.D.3d 497, 978 N.Y.2d 840 (N.Y. Ct. App. 2014).

Opinion

The court providently exercised its discretion in declining to grant defendant a downward departure to level one (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Mingo, 12 NY3d 563, 568 n 2 [2009]). The risk assessment instrument adequately took into account the absence of a prior sex crime and defendant’s prison record. Further, neither defendant’s age (late 40s) nor any of the other factors he relied on warranted a downward departure in light of the seriousness of his offense against two very young children (see e.g. People v Thomas, 105 AD3d 640 [1st Dept 2013], lv denied 21 NY3d 863 [2013]). Concur — Tom, J.P., Saxe, Moskowitz, Gische and Clark, JJ.

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Related

People v. Mingo
910 N.E.2d 983 (New York Court of Appeals, 2009)
People v. Knox
903 N.E.2d 1149 (New York Court of Appeals, 2009)
People v. Thomas
105 A.D.3d 640 (Appellate Division of the Supreme Court of New York, 2013)
In re Kalil
130 S. Ct. 554 (Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
113 A.D.3d 497, 978 N.Y.2d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pittman-nyappdiv-2014.