Legal Opinion
People v. Vizcarra
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 2016No. 2015-08635PublishedCited by 6 opinions
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 12, 2015, 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 cited4 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. HoustonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SadlerAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by6 opinions
- People v. FesselAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2017
- People v. Calle-CalleAppellate Division of the Supreme Court of the State of New York · 2016
- People v. RoseAppellate Division of the Supreme Court of the State of New York · 2017
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2017
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