People v. Roldan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Foley J.), dated April 17, 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.
One of the defendant’s contentions on appeal is that he was entitled to a downward departure from the presumptive risk level because he allegedly had an “exceptional response” to *910treatment while incarcerated. A defendant seeking a downward departure has the initial burden of “(1) identifying, as a matter of law, an…
2Cases cited6 opinions
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- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PeeplesAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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