People v. Vives
This text of 57 A.D.3d 312 (People v. Vives) 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
[313]*313The record supports the court’s discretionary upward departure to a level three sex offender adjudication. There was ample evidence to support aggravating factors not adequately accounted for in the risk assessment instrument (see e.g. People v O’Flaherty, 23 AD3d 237 [2005], lv denied 6 NY3d 705 [2006]), and there was no improper double counting. These aggravating factors demonstrated that defendant is a dangerous pedophile with a grave risk of reoffending, notwithstanding his conclusory claims of having been rehabilitated during his incarceration. Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.
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Cite This Page — Counsel Stack
57 A.D.3d 312, 872 N.Y.2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vives-nyappdiv-2008.