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People v. Lynch

Supreme Court of New York, Second Department
Jun 14, 2023
2023 N.Y. Slip Op. 3248 (N.Y. App. Div. 2023)

Opinion

No. 2022-07402

06-14-2023

People of State of New York, respondent, v. Christopher Lynch, appellant.

Clare J. Degnan, White Plains, NY (Salvatore A. Gaetani of counsel), for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Steven A. Bender of counsel), for respondent.


Clare J. Degnan, White Plains, NY (Salvatore A. Gaetani of counsel), for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Steven A. Bender of counsel), for respondent.

BETSY BARROS, J.P. JOSEPH J. MALTESE BARRY E. WARHIT JANICE A. TAYLOR, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated July 1, 2022, which, after a hearing, designated him a level two sex offender pursuant to Correctional Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly denied his application for a downward departure from his presumptive risk level of two to risk level one. The court properly determined that the imposition of points under risk factors 3 (number of victims) and 7 (relationship with victim) did not result in an overassessment of the defendant's risk to public safety (see People v Gillotti, 23 N.Y.3d 841, 861; People v Glosque, 201 A.D.3d 823, 824; People v Cartiglia, 169 A.D.3d 725, 726; People v Tirado, 165 A.D.3d 991, 992; cf. People v Sesito, 195 A.D.3d 869, 870; People v Gonzalez, 189 A.D.3d 509, 511), and the defendant failed to otherwise demonstrate the existence of a mitigating factor not already taken into account by the risk assessment instrument that would warrant a downward departure (see People v Gillotti, 23 N.Y.3d at 857).

BARROS, J.P., MALTESE, WARHIT and TAYLOR, JJ., concur.


Summaries of

People v. Lynch

Supreme Court of New York, Second Department
Jun 14, 2023
2023 N.Y. Slip Op. 3248 (N.Y. App. Div. 2023)
Case details for

People v. Lynch

Case Details

Full title:People of State of New York, respondent, v. Christopher Lynch, appellant.

Court:Supreme Court of New York, Second Department

Date published: Jun 14, 2023

Citations

2023 N.Y. Slip Op. 3248 (N.Y. App. Div. 2023)