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People v. Suggs

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2010
79 A.D.3d 531 (N.Y. App. Div. 2010)

Opinion

No. 3873.

December 14, 2010.

Order, Supreme Court, New York County (John Cataldo, J)., entered on or about November 25, 2008, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

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

Before: Sweeny, J.P., Moskowitz, Renwick, DeGrasse and Román, JJ.


Although defendant challenges two particular point assessments, we find those challenges unavailing. In any event, even without those assessments defendant would remain a level three offender, and we find no basis for a discretionary downward departure ( see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421), particularly in light of the seriousness of defendant's criminal history.


Summaries of

People v. Suggs

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2010
79 A.D.3d 531 (N.Y. App. Div. 2010)
Case details for

People v. Suggs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SUGGS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 14, 2010

Citations

79 A.D.3d 531 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 9177
911 N.Y.S.2d 905

Citing Cases

People v. Suggs

Decided March 29, 2011. Appeal from the 1st Dept: 79 AD3d 531. Motions for Leave to Appeal…