People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Dowling, J.), dated September 22, 2010, 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.
When deciding whether a sex offender is entitled to a downward departure from his or her presumptive risk level, the court must determine, “[a]t the first step, . . . whether the . . . mitigating circumstances alleged by [the sex offender] are, as a matter of law, of a kind or to a degree not adequately taken…
2Cases cited13 opinions
- People v. GillottiNew York Court of Appeals · 2014
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
- People v. RossanoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. McFarlandAppellate Division of the Supreme Court of the State of New York · 2014
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. MunozAppellate Division of the Supreme Court of the State of New York · 2017
- People v. KhanAppellate Division of the Supreme Court of the State of New York · 2020
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BerdejoAppellate Division of the Supreme Court of the State of New York · 2021
4 more not listed; retrieve them via the Exa API.