Legal Opinion
People v. Pasquarelli
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2008PublishedCited by 3 opinions
1Opinion of the Court
The Supreme Court’s designation of the defendant as a level three sex offender was supported by clear and convincing evidence (see Correction Law art 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402 [2004]; People v Smith, 5 AD3d 752 [2004]; People v Moore, 1 AD3d 421 [2003]). The Supreme Court providently exercised its discretion in denying the request for a downward departure from the defendant’s presumptive risk level since the defendant did not assert a “mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines” (Sex Offender…
2Cases cited6 opinions
- People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DaoAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2004
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. LynkAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PearsallAppellate Division of the Supreme Court of the State of New York · 2009
- People v. PrattAppellate Division of the Supreme Court of the State of New York · 2009