Legal Opinion

People v. Garcia

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 2016No. 2010-10566PublishedCited by 9 opinions

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

  1. People v. GillottiNew York Court of Appeals · 2014
  2. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. RossanoAppellate Division of the Supreme Court of the State of New York · 2016
  5. 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

  1. People v. MunozAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. KhanAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2017
  5. 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.

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