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People v. Barrios

Appellate Division of the Supreme Court of the State of New York
Jan 3, 2017
2017 N.Y. Slip Op. 14 (N.Y. App. Div. 2017)

Opinion

2606 2082/12

01-03-2017

The People of the State of New York, Respondent, v. Pablo Barrios, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.


Friedman, J.P., Sweeny, Richter, Manzanet-Daniels, Kapnick, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered February 24, 2014, which adjudicated defendant a level two 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 NY3d 841 [2014]). The mitigating factors cited by defendant are outweighed by the egregious circumstances of his underlying criminal activity against a child.

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

ENTERED: JANUARY 3, 2017

CLERK


Summaries of

People v. Barrios

Appellate Division of the Supreme Court of the State of New York
Jan 3, 2017
2017 N.Y. Slip Op. 14 (N.Y. App. Div. 2017)
Case details for

People v. Barrios

Case Details

Full title:The People of the State of New York, Respondent, v. Pablo Barrios…

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

Date published: Jan 3, 2017

Citations

2017 N.Y. Slip Op. 14 (N.Y. App. Div. 2017)