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People v. Carter

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 467 (N.Y. App. Div. 2009)

Opinion

No. 28

March 10, 2009.

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about January 24, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Grace Vee of counsel), for respondent.

Before: Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Freedman, JJ.


The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545). We note that the underlying sex crime was violent, and that defendant had a history of violent crimes.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 467 (N.Y. App. Div. 2009)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CARTER, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 10, 2009

Citations

60 A.D.3d 467 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1717
875 N.Y.S.2d 28

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