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People v. Jones

Supreme Court, Appellate Division, First Department, New York.
Oct 31, 2017
154 A.D.3d 623 (N.Y. App. Div. 2017)

Opinion

10-31-2017

The PEOPLE of the State of New York, Respondent, v. Carlton JONES, Defendant–Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.


Seymour W. James, Jr., The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about February 16, 2016, 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 record supports the court's discretionary upward departure to level two. Clear and convincing evidence established aggravating factors that were not adequately taken into account by the risk assessment instrument (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). In addition to the underlying sex crime, defendant's record included a very serious attempted murder conviction and an earlier conviction involving sexual intercourse with a child. These aggravating factors outweighed the mitigating factors cited by defendant.

ACOSTA, P.J., MANZANET–DANIELS, GISCHE, KAPNICK, KAHN, JJ., concur.


Summaries of

People v. Jones

Supreme Court, Appellate Division, First Department, New York.
Oct 31, 2017
154 A.D.3d 623 (N.Y. App. Div. 2017)
Case details for

People v. Jones

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Carlton JONES…

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

Date published: Oct 31, 2017

Citations

154 A.D.3d 623 (N.Y. App. Div. 2017)
62 N.Y.S.3d 788
2017 N.Y. Slip Op. 7558