People v. Benoit
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 (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
- 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. RossanoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GrubbsAppellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. Rocano-QuintunaAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CiccarelloAppellate Division of the Supreme Court of the State of New York · 2020
- People v. BaezAppellate Division of the Supreme Court of the State of New York · 2021
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2020
- 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.