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People v. Pizarro

Supreme Court, Appellate Division, First Department, New York.
Oct 26, 2017
154 A.D.3d 607 (N.Y. App. Div. 2017)

Opinion

10-26-2017

The PEOPLE of the State of New York, Respondent, v. Julio PIZARRO, Defendant–Appellant.

The Legal Aid Society, New York (Seymour W. James, Jr. of Counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of Counsel), for respondent.


The Legal Aid Society, New York (Seymour W. James, Jr. of Counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of Counsel), for respondent.

Although defendant casts his argument for a modification of his risk level in terms of whether the override for a prior felony sex crime conviction should be "applied," the override applies automatically, except that the court may grant a downward departure (see People v. Howard, 27 N.Y.3d 337, 342, 33 N.Y.S.3d 132, 52 N.E.3d 1158 [2016] ). In any event, there is no basis for a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ), because there are no mitigating actors that were not adequately taken into account by the risk assessment instrument or outweighed by the seriousness of defendant's current and prior sex offenses against children.

TOM, J.P., MANZANET–DANIELS, MAZZARELLI, OING, and SINGH, JJ., concur.


Summaries of

People v. Pizarro

Supreme Court, Appellate Division, First Department, New York.
Oct 26, 2017
154 A.D.3d 607 (N.Y. App. Div. 2017)
Case details for

People v. Pizarro

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Julio PIZARRO…

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

Date published: Oct 26, 2017

Citations

154 A.D.3d 607 (N.Y. App. Div. 2017)
154 A.D.3d 607