Legal Opinion
People v. Nieves
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2017No. 2015-02611PublishedCited by 3 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Richmond County (Mattei, J.), dated March 20, 2015, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A defendant seeking a downward departure from the presumptive risk level has the initial burden of “(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is…
2Cases cited6 opinions
- People v. GillottiNew York Court of Appeals · 2014
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. RossanoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2016
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2018
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2018
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2018