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

People v. Rizzo

121 A.D.3d 503, 993 N.Y.S.2d 507
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 14, 2014
Docket13221 1676/95
StatusPublished

This text of 121 A.D.3d 503 (People v. Rizzo) 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. Rizzo, 121 A.D.3d 503, 993 N.Y.S.2d 507 (N.Y. Ct. App. 2014).

Opinion

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about February 8, 2013, which adjudicated defendant to be a level three sexually violent 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, 856-857 [2014]; People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). Neither defendant’s age nor any other factors cited by defendant warranted a downward departure, particularly in light of the seriousness of the underlying sex crime.

Concur— Tom, J.P, Sweeny, Renwick, Andrias and Clark, 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)
People v. Gillotti
18 N.E.3d 701 (New York Court of Appeals, 2014)
In re Kalil
130 S. Ct. 554 (Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
121 A.D.3d 503, 993 N.Y.S.2d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rizzo-nyappdiv-2014.