People v. Tuitt

Appellate Division of the Supreme Court of New York

People v. Tuitt

2017 NY Slip Op 5507, 152 A.D.3d 411, 54 N.Y.S.3d 853

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

DecidedJuly 6, 2017

Docket4407 556/06

StatusPublished

This text of 2017 NY Slip Op 5507 (People v. Tuitt) 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. Tuitt, 2017 NY Slip Op 5507, 152 A.D.3d 411, 54 N.Y.S.3d 853 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about March 13, 2015, which adjudicated defendant 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 following the Board of Examiners of Sex Offenders’ strong recommendation *412 for an upward departure based on the seriousness and extent of defendant’s repeated sex crimes against children, which were not adequately accounted for in the risk assessment instrument, and which demonstrated a threat to public safety that outweighed the mitigating factors cited by defendant (see generally People v Gillotti, 23 NY3d 841, 861 [2014]).

Concur— Tom, J.P., Richter, Manzanet-Daniels, Mazzarelli and Gische, JJ.

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Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about March 13, 2015, which adjudicated defendant 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 following the Board of Examiners of Sex Offenders’ strong recommendation *412 for an upward departure based on the seriousness and extent of defendant’s repeated sex crimes against children, which were not adequately accounted for in the risk assessment instrument, and which demonstrated a threat to public safety that outweighed the mitigating factors cited by defendant (see generally People v Gillotti, 23 NY3d 841, 861 [2014]).

Concur— Tom, J.P., Richter, Manzanet-Daniels, Mazzarelli and Gische, JJ.

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Bluebook (online)

2017 NY Slip Op 5507, 152 A.D.3d 411, 54 N.Y.S.3d 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tuitt-nyappdiv-2017.

Opinion

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