From Casetext: Smarter Legal Research

People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
Jan 23, 2019
168 A.D.3d 1006 (N.Y. App. Div. 2019)

Opinion

2016–11632

01-23-2019

PEOPLE of State of New York, Respondent, v. Jonathan SMITH, Appellant.

Jeffrey D. Cohen, Kew Gardens, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Michelle Kaszuba of counsel), for respondent.


Jeffrey D. Cohen, Kew Gardens, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Michelle Kaszuba of counsel), for respondent.

WILLIAM F. MASTRO, J.P. JOHN M. LEVENTHAL COLLEEN D. DUFFY HECTOR D. LASALLE, JJ.

DECISION & ORDERORDERED that the order is affirmed, without costs or disbursements.

At a risk assessment hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the Supreme Court granted the People's application for an upward departure from the presumptive risk level two to risk level three. The defendant appeals from the order designating him a level three sex offender.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the People's application for an upward departure from the presumptive risk level two to risk level three. The People presented clear and convincing evidence of aggravating circumstances, including the defendant's escalating history of sexual misconduct, of a kind or to a degree not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (see People v. Ragabi, 150 A.D.3d 1161, 1161–1162, 52 N.Y.S.3d 655 ). Upon determining the existence of these aggravating factors, the court providently exercised its discretion in granting the People's application for an upward departure.

MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
Jan 23, 2019
168 A.D.3d 1006 (N.Y. App. Div. 2019)
Case details for

People v. Smith

Case Details

Full title:PEOPLE of State of New York, Respondent, v. Jonathan SMITH, Appellant.

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

Date published: Jan 23, 2019

Citations

168 A.D.3d 1006 (N.Y. App. Div. 2019)
90 N.Y.S.3d 536

Citing Cases

People v. Smith

Nevertheless, we agree with the Supreme Court's determination granting the People's application for an upward…

People v. Cortez

In this case, the People met their burden of demonstrating that there existed an aggravating factor that was…