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People v. Ortega

Supreme Court, Appellate Division, First Department, New York.
Dec 3, 2015
134 A.D.3d 441 (N.Y. App. Div. 2015)

Opinion

12-03-2015

The PEOPLE of the State of New York, Respondent, v. Anthony ORTEGA, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lindsey Richards of counsel), for respondent.


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

Cyrus R. Vance, Jr., District Attorney, New York (Lindsey Richards of counsel), for respondent.

Opinion

Order, Supreme Court, New York County (Eduardo Padro, J.), entered on or about on June 19, 2014, which adjudicated defendant a level two sexually violent felony 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] ). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure under the totality of the circumstances. In particular, defendant has not established that his age (47 at the time of the hearing) indicates a low risk of reoffense.

TOM, J.P., SWEENY, ANDRIAS, GISCHE, JJ., concur.


Summaries of

People v. Ortega

Supreme Court, Appellate Division, First Department, New York.
Dec 3, 2015
134 A.D.3d 441 (N.Y. App. Div. 2015)
Case details for

People v. Ortega

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Anthony ORTEGA…

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

Date published: Dec 3, 2015

Citations

134 A.D.3d 441 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 8923
19 N.Y.S.3d 740