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People v. Known

Appellate Division of the Supreme Court of the State of New York
Mar 9, 2021
192 A.D.3d 460 (N.Y. App. Div. 2021)

Opinion

13288 Ind. No. 99085/16 Case No. 2018-3898

03-09-2021

The PEOPLE of the State of New York, Respondent, v. Baudillo MORALES also known as Baudilo Morales, Defendant–Appellant.

Janet E. Sabel, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.


Janet E. Sabel, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.

Gische, J.P., Singh, Moulton, Gonza´lez, JJ.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about March 31, 2017, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

Clear and convincing evidence supported the court's assessment of 15 points under the risk factor for a history of drug or alcohol abuse (see generally People v. Howard, 27 N.Y.3d 337, 341, 33 N.Y.S.3d 132, 52 N.E.3d 1158 [2016] ). Contrary to defendant's contention, the record does not establish a prolonged period of abstinence, or abstinence from drugs at the time of the offense.

Regardless of whether defendant's correct point score is 105, as found by the court, or 90, as he contends, he remains a level two offender, and we find no basis for a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). There was no overassessment of defendant's risk regarding his sexual relationship with an underage victim, given the circumstances surrounding the offense and the approximately 16–year age disparity between defendant and the 15–year–old victim (see e. g. People v. Catalano, 178 A.D.3d 1460, 112 N.Y.S.3d 638 [4th Dept. 2019] lv denied 35 N.Y.3d 906, 2020 WL 3096648 [2020] ). We also find nothing about defendant's risk assessment in Massachusetts, where he was also found to be at a moderate risk for reoffending, that would support a downward departure.


Summaries of

People v. Known

Appellate Division of the Supreme Court of the State of New York
Mar 9, 2021
192 A.D.3d 460 (N.Y. App. Div. 2021)
Case details for

People v. Known

Case Details

Full title:The People of the State of New York, Respondent, v. Baudillo Morales Also…

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

Date published: Mar 9, 2021

Citations

192 A.D.3d 460 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1361
139 N.Y.S.3d 824