People v. Zepeda

Appellate Division of the Supreme Court of New York

People v. Zepeda

124 A.D.3d 417, 997 N.Y.S.2d 626

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

DecidedJanuary 6, 2015

Docket13891 1300/05

StatusPublished

Cited by6 cases

This text of 124 A.D.3d 417 (People v. Zepeda) 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. Zepeda, 124 A.D.3d 417, 997 N.Y.S.2d 626 (N.Y. Ct. App. 2015).

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Opinion

*418 Order, Supreme Court, New York County (Michael R. Sonberg, J.), entered on or about September 12, 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 (see People v Gillotti, 23 NY3d 841 [2014]). There is no basis for a downward departure, given the seriousness of the underlying conduct, committed against a child. There is no merit to defendant’s argument that his deportation to Mexico resulted in such a reduced risk to public safety as to warrant a downward departure (see e.g. People v Kachalov, 106 AD3d 973 [2d Dept 2013], lv denied 21 NY3d 863 [2013]).

Concur — Mazzarelli, J.E, DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.

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*418 Order, Supreme Court, New York County (Michael R. Sonberg, J.), entered on or about September 12, 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 (see People v Gillotti, 23 NY3d 841 [2014]). There is no basis for a downward departure, given the seriousness of the underlying conduct, committed against a child. There is no merit to defendant’s argument that his deportation to Mexico resulted in such a reduced risk to public safety as to warrant a downward departure (see e.g. People v Kachalov, 106 AD3d 973 [2d Dept 2013], lv denied 21 NY3d 863 [2013]).

Concur — Mazzarelli, J.E, DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.

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Bluebook (online)

124 A.D.3d 417, 997 N.Y.S.2d 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zepeda-nyappdiv-2015.

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