Legal Opinion
People v. Rosales
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2015No. 2012-11382PublishedCited by 13 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated December 14, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A defendant seeking a downward departure from the presumptive risk level has the initial burden of “(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is…
2Cases cited5 opinions
- People v. GillottiNew York Court of Appeals · 2014
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CorrentiAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HoustonAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by13 opinions
- People v. UphaelAppellate Division of the Supreme Court of the State of New York · 2016
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2021
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2021
- People v. CepedaAppellate Division of the Supreme Court of the State of New York · 2017
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