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People v. Burgos

Supreme Court, Appellate Division, First Department, New York.
Dec 23, 2014
123 A.D.3d 615 (N.Y. App. Div. 2014)

Opinion

12-23-2014

The PEOPLE of the State of New York, Respondent, v. Louis BURGOS, Defendant–Appellant.

Steven Banks, The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.


Steven Banks, The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Opinion

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about October 20, 2011, 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 to risk level one (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). Defendant's conduct and accomplishments while incarcerated were not so extraordinary as to warrant a departure from his presumptive risk level, given the seriousness of the underlying crime against a five-year-old child.TOM, J.P., FRIEDMAN, RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.


Summaries of

People v. Burgos

Supreme Court, Appellate Division, First Department, New York.
Dec 23, 2014
123 A.D.3d 615 (N.Y. App. Div. 2014)
Case details for

People v. Burgos

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Louis BURGOS…

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

Date published: Dec 23, 2014

Citations

123 A.D.3d 615 (N.Y. App. Div. 2014)
123 A.D.3d 615
2014 N.Y. Slip Op. 8916