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People v. Harrison

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 2010
74 A.D.3d 688 (N.Y. App. Div. 2010)

Opinion

No. 3160.

June 29, 2010.

Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about February 20, 2008, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

Before: Tom, J.P., Sweeny, Catterson, McGuire and Román, JJ.


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, 418, 421). Defendant's point score was well above the threshold for a level three offender, and the fact that he was 60 years old at the time of the adjudication did not warrant a downward departure, especially in light of his violent criminal behavior, his prior history of sexual misconduct, his unsatisfactory record while incarcerated, and his recent parole violation.


Summaries of

People v. Harrison

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 2010
74 A.D.3d 688 (N.Y. App. Div. 2010)
Case details for

People v. Harrison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS HARRISON…

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

Date published: Jun 29, 2010

Citations

74 A.D.3d 688 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5690
902 N.Y.S.2d 821

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