From Casetext: Smarter Legal Research

People v. Balic

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 2008
860 N.Y.S.2d 17 (N.Y. App. Div. 2008)

Opinion

No. 3771.

June 3, 2008.

Order, Supreme Court, New York County (Brenda Soloff, J.), entered on or about September 14, 2005, 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 (Amy Donner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Before: Lippman, P.J., Mazzarelli, Williams, Sweeny and Acosta, JJ.


As the People concede, certain points were incorrectly assessed and defendant's presumptive risk level should thus be level one. Nevertheless, the record supports the court's alternate conclusion that an upward departure to level two is warranted. Clear and convincing evidence established aggravating factors that were not otherwise adequately taken into account by the risk assessment guidelines ( see e.g. People v Brown, 45 AD3d 1123). Defendant's background includes a violent sexual attack on a child, and a pattern of misconduct displaying a likelihood of recidivism.


Summaries of

People v. Balic

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 2008
860 N.Y.S.2d 17 (N.Y. App. Div. 2008)
Case details for

People v. Balic

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, SCI Respondent, v. Dzemil BALIC…

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

Date published: Jun 3, 2008

Citations

860 N.Y.S.2d 17 (N.Y. App. Div. 2008)
860 N.Y.S.2d 17
2008 N.Y. Slip Op. 4905

Citing Cases

People v. Twyman

Here, the court properly considered as an aggravating factor, justifying its upward departure from the…

People v. Mingo

People v Mingo, 49 AD3d 148, reversed. People v Balic, 52 AD3d 201, affirmed. Legal Aid Society, Criminal…