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People v. McFadden

Appellate Division of the Supreme Court of the State of New York
Dec 10, 2020
189 A.D.3d 509 (N.Y. App. Div. 2020)

Opinion

12613 Ind. No. 694/15 Case No. 2018-1963

12-10-2020

The PEOPLE of the State of New York, Respondent, v. Lloyd MCFADDEN, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Camilla Hsu of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Camilla Hsu of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.

Manzanet–Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about December 15, 2017, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court providently 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] ). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or outweighed by aggravating factors, including the seriousness of the underlying offense and defendant's lengthy criminal history.


Summaries of

People v. McFadden

Appellate Division of the Supreme Court of the State of New York
Dec 10, 2020
189 A.D.3d 509 (N.Y. App. Div. 2020)
Case details for

People v. McFadden

Case Details

Full title:The People of the State of New York, Respondent, v. Lloyd McFadden…

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

Date published: Dec 10, 2020

Citations

189 A.D.3d 509 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 7467
133 N.Y.S.3d 789