Appellate Division of the Supreme Court of New York, 2011

People v. Mondo

People v. Mondo
Appellate Division of the Supreme Court of New York · Decided October 4, 2011
88 A.D.3d 676; 930 N.Y.2d 482
People v. Mondo

Cases that cite this one

7 later published cases cite this decision.

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

“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], lv denied 17 NY3d 704 [2011], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Alston, 86 AD3d 553, 554 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level two sex offender (see People v Padro, 84 AD3d 1046 [2011], lv denied 17 NY3d 711 [2011]). Dillon, J.E, Eng, Sgroi and Miller, JJ., concur.

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