People v. Quintana

Appellate Division of the Supreme Court of New York

People v. Quintana

132 A.D.3d 560, 17 N.Y.S.3d 866

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

DecidedOctober 22, 2015

Docket4937/09 15941 15940

StatusPublished

This text of 132 A.D.3d 560 (People v. Quintana) 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. Quintana, 132 A.D.3d 560, 17 N.Y.S.3d 866 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered May 31, 2013, convicting defendant, upon his plea of guilty, of criminal sexual act in the second degree, and sentencing him to a term of 10 years’ probation, unanimously affirmed. Order, same court and Justice, entered on or about August 6, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure {see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s lack of a sex crime history was adequately taken into account by the risk assessment instrument, and his claims that his advanced age and familial-like relationship with the child victim tend to minimize his risk of reoffending are unpersuasive (see People v McFarland, 120 AD3d 1121, 1122 [1st Dept 2014], lv denied 24 NY3d 1053 [2014]; People v Rodriguez, 67 AD3d 596, 597 [1st Dept 2009], lv denied 14 NY3d 706 [2010]).

Concur — Sweeny, J.P., Saxe, Richter and Gische, JJ.

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Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered May 31, 2013, convicting defendant, upon his plea of guilty, of criminal sexual act in the second degree, and sentencing him to a term of 10 years’ probation, unanimously affirmed. Order, same court and Justice, entered on or about August 6, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure {see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s lack of a sex crime history was adequately taken into account by the risk assessment instrument, and his claims that his advanced age and familial-like relationship with the child victim tend to minimize his risk of reoffending are unpersuasive (see People v McFarland, 120 AD3d 1121, 1122 [1st Dept 2014], lv denied 24 NY3d 1053 [2014]; People v Rodriguez, 67 AD3d 596, 597 [1st Dept 2009], lv denied 14 NY3d 706 [2010]).

Concur — Sweeny, J.P., Saxe, Richter and Gische, JJ.

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Bluebook (online)

132 A.D.3d 560, 17 N.Y.S.3d 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-quintana-nyappdiv-2015.

Opinion

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