People v. Gounaris

2 Citing cases

  1. People v. Valencia

    2024 N.Y. Slip Op. 1208 (N.Y. App. Div. 2024)

    Since the defendant did not request a downward departure from his presumptive risk level in the County Court, his contention on appeal regarding a downward departure is unpreserved for appellate review (see People v Jackson, 209 A.D.3d 881, 882; People v Rodriguez, 194 A.D.3d 864; People v Gounaris, 192 A.D.3d 834, 835). In any event, the defendant failed to establish that a downward departure was warranted (see People v Gillotti, 23 N.Y.3d 841, 861; People v Wyatt, 89 A.D.3d 112, 128).

  2. People v. Valencia

    206 N.Y.S.3d 181 (N.Y. App. Div. 2024)

    Since the defendant did not request a downward departure from his presumptive risk level in the County Court, his contention on appeal regarding a downward departure is unpreserved for appellate review (see People v. Jackson, 209 A.D.3d 881, 882, 176 N.Y.S.3d 328; People v. Rodriguez, 194 A.D.3d 864, 143 N.Y.S.3d 607; People v. Gounaris, 192 A.D.3d 834, 835, 139 N.Y.S.3d 867). In any event, the defendant failed to establish that a downward departure was warranted (see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Wyatt, 89 A.D.3d 112, 128, 931 N.Y.S.2d 85).