Legal Opinion

People v. Shellman

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

Decided December 15, 2015No. 16412 30114/13Published

1Opinion of the Court

Order, Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about August 20, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure given the seriousness of the underlying conduct, in which…

2Cases cited2 opinions

  1. People v. GillottiNew York Court of Appeals · 2014
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014

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