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People v. Galarza

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 2010
76 A.D.3d 906 (N.Y. App. Div. 2010)

Opinion

No. 3245.

September 23, 2010.

Order, Supreme Court, Bronx County (Joseph J. Dawson, J), entered on or about September 12, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for respondent.

Before: Saxe, J.P., Friedman, Moskowitz, Freedman and Román, JJ.


The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level ( see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421). Defendant's lack of a prior criminal record was adequately taken into account by the risk assessment instrument ( see People v Hansford, 67 AD3d 496). Defendant's remaining arguments are based upon scientific studies not presented to the hearing court, or are otherwise unpersuasive.


Summaries of

People v. Galarza

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 2010
76 A.D.3d 906 (N.Y. App. Div. 2010)
Case details for

People v. Galarza

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT GALARZA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 23, 2010

Citations

76 A.D.3d 906 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6692
907 N.Y.S.2d 668