Legal Opinion

People v. Pittman

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

Decided January 21, 2014Published

1Opinion of the Court

The court providently exercised its discretion in declining to grant defendant a downward departure to level one (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US 1011 [2009]; People v Mingo, 12 NY3d 563, 568 n 2 [2009]). The risk assessment instrument adequately took into account the absence of a prior sex crime and defendant’s prison record. Further, neither defendant’s age (late 40s) nor any of the other factors he relied on warranted a downward departure in light of the seriousness of his offense against two very young children (see e.g. People v Thomas, 105 AD3d 640 [1st…

2Cases cited3 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. KnoxNew York Court of Appeals · 2009
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2013

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