People v. Sorias

Appellate Division of the Supreme Court of New York

People v. Sorias

2017 NY Slip Op 6631, 153 A.D.3d 1188, 60 N.Y.S.3d 671

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

DecidedSeptember 26, 2017

Docket4513 2226/07

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 6631 (People v. Sorias) 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. Sorias, 2017 NY Slip Op 6631, 153 A.D.3d 1188, 60 N.Y.S.3d 671 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Melissa C. Jackson, J.), entered on or about December 4, 2014, which adjudicated defendant a level two sexually violent offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points under the risk factor for contact under clothing, based on clear and convincing evidence that defendant made sexual contact with one of the victims by reaching his hand under her dress and touching her genital area.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, and were outweighed by the egregiousness of the underlying crimes.

Concur — Friedman, J.P., Richter, Moskowitz and Gesmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Melissa C. Jackson, J.), entered on or about December 4, 2014, which adjudicated defendant a level two sexually violent offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points under the risk factor for contact under clothing, based on clear and convincing evidence that defendant made sexual contact with one of the victims by reaching his hand under her dress and touching her genital area.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, and were outweighed by the egregiousness of the underlying crimes.

Concur — Friedman, J.P., Richter, Moskowitz and Gesmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 6631, 153 A.D.3d 1188, 60 N.Y.S.3d 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sorias-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack