Legal Opinion
People v. Tineo-Morales
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2012PublishedCited by 11 opinions
1Opinion of the Court
At issue is whether the County Court properly rejected the recommendation of the Board of Examiners of Sex Offenders for a downward departure from the defendant’s presumptive risk level two designation to a risk level one designation. The evidence in the record established by a preponderance of the credible evidence the mitigating factors supporting that recommendation based upon information in the presentence report and the case summary (see People v Crandall, 90 AD3d 628, 629 [2011]; People v Wyatt, 89 AD3d 112, 128 [2011]). Moreover, “based upon an examination of all [of the] circumstances…
2Cases cited3 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MadisonAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by11 opinions
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MansonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. Guerro-BuesoAppellate Division of the Supreme Court of the State of New York · 2022
- People v. WaterburyAppellate Division of the Supreme Court of the State of New York · 2024
- People v. HyamsAppellate Division of the Supreme Court of the State of New York · 2015
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