Legal Opinion
People v. Melendez
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2011PublishedCited by 8 opinions
1Opinion of the Court
*449Order, Supreme Court, New York County (John Cataldo, J.), entered on or about October 20, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument, and…
2Cases cited4 opinions
- People v. MingoNew York Court of Appeals · 2009
- People v. JohnsonNew York Court of Appeals · 2008
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
- People v. AboyAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by8 opinions
- People v. PooleAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SalasAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2013
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