People v. Gudino
Cases that cite this one
1 later published case cites this decision.
- People v. Shim (Appellate Division of the Supreme Court of New York 2016)
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
Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered April 11, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Initially, we reject the People’s argument that, because defendant has been deported, we should decline to hear his appeal (see People v Edwards, 117 AD3d 418 [1st Dept 2014]).
The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure under the totality of the circumstances, including the egregiousness of the underlying sex crime against a child. Concur — Tom, J.P., Friedman, Saxe and Gische, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.