Legal Opinion
People v. Martinez
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 2013PublishedCited by 25 opinions
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 1, 2012, 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 defendant contends that the County Court should have departed from the presumptive risk level because he allegedly had an “exceptional response” to treatment while incarcerated. A downward departure from a sex offender’s presumptive risk level generally is warranted only where there exists a mitigating factor of a…
2Cases cited5 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PeeplesAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by25 opinions
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PendletonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PorcielloAppellate Division of the Supreme Court of the State of New York · 2021
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2013
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