People v. Valentin
This text of 76 A.D.2d 914 (People v. Valentin) 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.
Opinion
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, 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 from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]), given the seriousness of the underlying conduct. We have considered and rejected defendant’s argument that he poses a diminished threat of reoffense (see People v Rodriguez, 67 AD3d 596 [2009], lv denied 14 NY3d 706 [2010]). Concur—Gonzalez, EJ, Andrias, Acosta, Renwick and Abdus-Salaam, JJ.
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Cite This Page — Counsel Stack
76 A.D.2d 914, 907 N.Y.S.2d 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valentin-nyappdiv-2010.