People v. Zambrano

Appellate Division of the Supreme Court of New York

People v. Zambrano

123 A.D.3d 609, 996 N.Y.S.2d 916

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

DecidedDecember 23, 2014

Docket13811 3577/09

StatusPublished

This text of 123 A.D.3d 609 (People v. Zambrano) 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. Zambrano, 123 A.D.3d 609, 996 N.Y.S.2d 916 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about September 24, 2012, which adjudicated defendant a level two 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 when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines, and the record does not establish any basis for a downward departure.

Concur — Tom, J.P., Friedman, Renwick, ManzanetDaniels and Kapnick, JJ.

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Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about September 24, 2012, which adjudicated defendant a level two 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 when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines, and the record does not establish any basis for a downward departure.

Concur — Tom, J.P., Friedman, Renwick, ManzanetDaniels and Kapnick, JJ.

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Bluebook (online)

123 A.D.3d 609, 996 N.Y.S.2d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zambrano-nyappdiv-2014.

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