People v. Portalatin

Appellate Division of the Supreme Court of New York

People v. Portalatin

2016 NY Slip Op 8172, 145 A.D.3d 463, 41 N.Y.S.3d 712

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 6, 2016

Docket2392 4227/13

StatusPublished

Cited by4 cases

This text of 2016 NY Slip Op 8172 (People v. Portalatin) 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. Portalatin, 2016 NY Slip Op 8172, 145 A.D.3d 463, 41 N.Y.S.3d 712 (N.Y. Ct. App. 2016).

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Opinion

*464 Order, Supreme Court, New York County (Anthony J. Fer-rara, J.), entered on or about November 24, 2015, which adjudicated defendant a level two sexually violent sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant did not establish that his health problems would minimize the likelihood of recidivism (see e.g. People v Rodriguez, 101 AD3d 630 [1st Dept 2012], lv denied 21 NY3d 851 [2013]), and his expression of remorse and lack of additional sex offenses were adequately taken into account by the risk assessment instrument.

Concur—Renwick, J.R, Saxe, Gische and Webber, JJ.

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*464 Order, Supreme Court, New York County (Anthony J. Fer-rara, J.), entered on or about November 24, 2015, which adjudicated defendant a level two sexually violent sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant did not establish that his health problems would minimize the likelihood of recidivism (see e.g. People v Rodriguez, 101 AD3d 630 [1st Dept 2012], lv denied 21 NY3d 851 [2013]), and his expression of remorse and lack of additional sex offenses were adequately taken into account by the risk assessment instrument.

Concur—Renwick, J.R, Saxe, Gische and Webber, JJ.

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Bluebook (online)

2016 NY Slip Op 8172, 145 A.D.3d 463, 41 N.Y.S.3d 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-portalatin-nyappdiv-2016.

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