People v. Munoz
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 (Brennan, J.), dated September 21, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the defendant’s request for a downward departure to a risk level two designation. A defendant seeking a downward departure from his or her presumptive risk level has the initial burden of (1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor…
2Cases cited7 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. SantiagoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2017
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3Cited by25 opinions
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