Legal Opinion
People v. Mondo
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2011PublishedCited by 7 opinions
1Opinion of the Court
“A departure from the presumptive risk level is warranted where ‘there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines’ ” (People v Bussie, 83 AD3d 920, 920-921 [2011], lv denied 17 NY3d 704 [2011], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Alston, 86 AD3d 553, 554 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level two sex…
2Cases cited3 opinions
- People v. BussieAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PadroAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- People v. Morel-BacaAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SantanaAppellate Division of the Supreme Court of the State of New York · 2013
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. NewtonAppellate Division of the Supreme Court of the State of New York · 2015
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