Legal Opinion

People v. James

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

Decided February 28, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered November 18, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in denying defendant’s application for a downward departure (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied sub nom. Knox v New York 558 US 1011 [2009]; People v Mingo, 12 NY3d 563, 568 n 2 [2009]). The mitigating factors asserted by defendant were adequately taken into account…

2Cases cited3 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. KnoxNew York Court of Appeals · 2009
  3. People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2011

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