Legal Opinion

People v. Munoz

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2017No. 2015-09428PublishedCited by 25 opinions

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

  1. People v. GillottiNew York Court of Appeals · 2014
  2. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2017

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. People v. Del-CarmenAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. RivasAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. LeungAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. KhanAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. CiccarelloAppellate Division of the Supreme Court of the State of New York · 2020

20 more not listed; retrieve them via the Exa API.

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