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People v. Allen

Supreme Court of New York, First Department
May 18, 2023
2023 N.Y. Slip Op. 2743 (N.Y. App. Div. 2023)

Opinion

Nos. 286-286A M-1567 Ind. Nos. 9549/89 12477/90 Case Nos. 2021-01212 2022-04892

05-18-2023

The People of the State of New York, Respondent, v. Clarence Allen, Defendant-Appellant. Ind. Nos. Case Nos.

Twyla Carter, The Legal Aid Society, New York (Nathan R. Brown of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.


Twyla Carter, The Legal Aid Society, New York (Nathan R. Brown of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.

Orders, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about April 5, 2021, which adjudicated defendant a level three sexually violent predicate sex 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 N.Y.3d 841 [2014]). Defendant failed to demonstrate that his age mitigated his particular risk of reoffense (see People v Rodriguez, 145 A.D.3d 489, 490 [1st Dept 2016], lv denied 28 N.Y.3d 916 [2017]). Defendant also failed to show that there was anything exceptional about his response to treatment (see e.g. People v Ortega, 209 A.D.3d 540, 540 [1st Dept 2022], lv denied 39 N.Y.3d 908 [2023]), which resulted in both positive and negative evaluations. In any event, these factors, and the other claimed mitigating factors, were outweighed by the seriousness of defendant's criminal history, which includes three violent sexual assaults. We have considered and rejected defendant's remaining arguments.

M-1567 - People v Clarence Allen

Motion to strike portions of pages 14, 15, 25, and 26 of the People's brief granted insofar as they refer to facts other than the crime of conviction and age of the victim set forth in the presentence report from defendant's 1978 conviction.


Summaries of

People v. Allen

Supreme Court of New York, First Department
May 18, 2023
2023 N.Y. Slip Op. 2743 (N.Y. App. Div. 2023)
Case details for

People v. Allen

Case Details

Full title:The People of the State of New York, Respondent, v. Clarence Allen…

Court:Supreme Court of New York, First Department

Date published: May 18, 2023

Citations

2023 N.Y. Slip Op. 2743 (N.Y. App. Div. 2023)