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People v. Camacho

Appellate Division of the Supreme Court of the State of New York
Jun 15, 2021
2021 N.Y. Slip Op. 3815 (N.Y. App. Div. 2021)

Opinion

Ind No. 2548/17 Appeal No. 14058 Case No. 2019-2529

06-15-2021

The People of the State of New York, Respondent, v. Paulino Camacho, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Victoria Muth of counsel), for respondent.


Before: Renwick, J.P., Kern, Singh, Moulton, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Victoria Muth of counsel), for respondent.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about February 7, 2019, 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 were no mitigating factors that were not adequately taken into account by the risk assessment instrument, or outweighed by aggravating factors. Defendant has not demonstrated that there was anything exceptional about his response to treatment, and his criminal history shows an inability to control his behavior.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: June 15, 2021


Summaries of

People v. Camacho

Appellate Division of the Supreme Court of the State of New York
Jun 15, 2021
2021 N.Y. Slip Op. 3815 (N.Y. App. Div. 2021)
Case details for

People v. Camacho

Case Details

Full title:The People of the State of New York, Respondent, v. Paulino Camacho…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jun 15, 2021

Citations

2021 N.Y. Slip Op. 3815 (N.Y. App. Div. 2021)