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People v. Figueroa

Supreme Court, Appellate Division, First Department, New York.
Oct 24, 2017
154 A.D.3d 593 (N.Y. App. Div. 2017)

Opinion

10-24-2017

The PEOPLE of the State of New York, Respondent, v. Richard FIGUEROA, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.

Order, Supreme Court, New York County (Bonnie Wittner, J.), entered on or about April 11, 2016, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6–C), unanimously affirmed, without costs.

The level three adjudication was appropriate, and there is no basis for a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the aggravating factors. Defendant's course of sexual conduct against a very young child, and his involvement with child pornography, support the conclusion that he poses a threat to re-offend children.

RENWICK, J.P., KAPNICK, GESMER, KERN, JJ., concur.


Summaries of

People v. Figueroa

Supreme Court, Appellate Division, First Department, New York.
Oct 24, 2017
154 A.D.3d 593 (N.Y. App. Div. 2017)
Case details for

People v. Figueroa

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Richard FIGUEROA…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 24, 2017

Citations

154 A.D.3d 593 (N.Y. App. Div. 2017)
62 N.Y.S.3d 274