Appellate Division of the Supreme Court of New York, 2008

People v. Suarez

People v. Suarez
Appellate Division of the Supreme Court of New York · Decided June 26, 2008
52 A.D.3d 423; 862 N.Y.S.2d 34
People v. Suarez

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about May 31, 2006, adjudicating defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant, who was assessed 120 points, which is 10 points over the threshold for a level three adjudication, and who received a downward departure to level two, seeks a further downward departure to a level one adjudication. We perceive no basis for a farther departure (see People v Guaman, 8 AD3d 545 [2004]). The Board of Examiners’ recommendation for a downward departure to level two took into account mitigating factors relating to the underlying sex crime, and defendant *424failed to show any other factors warranting a further departure. Concur—Lippman, P.J., Tom, Andrias and Saxe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.