Appellate Division of the Supreme Court of New York, 2011

People v. Alston

Appellate Division of the Supreme Court of New York · Decided July 12, 2011

86 A.D.3d 553; 926 N.Y.2d 901

Cases that cite this one

4 later published cases cite this decision.

People v. Olin (Appellate Division of the Supreme Court of New York 2012)
People v. Mondo (Appellate Division of the Supreme Court of New York 2011)
People v. Rosado (Appellate Division of the Supreme Court of New York 2011)
People v. Abreu (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*554“A departure from the presumptive risk level is warranted where ‘there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines’ ” (People v Bussie, 83 AD3d 920, 920-921 [2011], Iv denied 17 NY3d 704 [2011], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Cruz, 74 AD3d 1305, 1306 [2010]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level three sex offender (see People v Sivells, 83 AD3d 1027 [2011]; People v Bussie, 83 AD3d 920 [2011]).

The defendant’s remaining contentions are improperly raised for the first time on appeal. Rivera, J.E, Florio, Austin and Cohen, JJ., concur.

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