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People v. Long

Supreme Court, Appellate Division, First Department, New York.
Mar 8, 2016
137 A.D.3d 502 (N.Y. App. Div. 2016)

Opinion

984/79 445 2173/79 444.

03-08-2016

The PEOPLE of the State of New York, Respondent, v. Avon LONG, Defendant–Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.


Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

Opinion

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered October 15, 2013, which adjudicated defendant a level three sexually violent predicate sex 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 (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 2014 ). There were no mitigating factors that were not adequately taken into account by the guidelines, or outweighed by seriousness of the underlying criminal conduct.

The record fails to support defendant's claim that the hearing court applied an incorrect evidentiary standard in finding that no departure was warranted.

MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.


Summaries of

People v. Long

Supreme Court, Appellate Division, First Department, New York.
Mar 8, 2016
137 A.D.3d 502 (N.Y. App. Div. 2016)
Case details for

People v. Long

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Avon LONG…

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

Date published: Mar 8, 2016

Citations

137 A.D.3d 502 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 1615
26 N.Y.S.3d 471