Legal Opinion

People v. Benoit

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

Decided December 7, 2016No. 2016-03398PublishedCited by 19 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated March 8, 2016, 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 . . . must first identify a mitigating circumstance or circumstances ‘of a kind or to a degree not adequately taken into account by the guidelines’ ” (People v Torres, 124 AD3d 744, 745 [2015], quoting People v Gillotti, 23 NY3d 841, 861…

2Cases cited8 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. RossanoAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. StevensAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. GrubbsAppellate Division of the Supreme Court of the State of New York · 2013

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3Cited by19 opinions

  1. People v. Rocano-QuintunaAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. CiccarelloAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. BaezAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. DolanAppellate Division of the Supreme Court of the State of New York · 2020

14 more not listed; retrieve them via the Exa API.

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