People v. Cepeda
Cases that cite this one
3 later published cases cite this decision.
- People v. Delgadillo (Appellate Division of the Supreme Court of New York 2023)
- People v. Gilmore (Appellate Division of the Supreme Court of New York 2018)
- People v. Webb (Appellate Division of the Supreme Court of New York 2018)
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
Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated April 15, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant’s contention that he was entitled to a downward departure from a level three sex offender status based upon the aggregate of certain factors is unpreserved for appellate review (see People v Figueroa, 138 AD3d 708, 709 *943 [2016]; People v Rosales, 133 AD3d 733, 733 [2015]; People v Fernandez, 91 AD3d 737, 738 [2012]). In any event, the defendant failed to demonstrate that there existed mitigating circumstances of a kind or to a degree not otherwise adequately taken into account by the guidelines that warranted a downward departure from his presumptive level three sex offender status (see People v Gillotti, 23 NY3d 841, 861 [2014]; People v Sanchez, 138 AD3d 946 [2016]; People v Azeez, 138 AD3d 945 [2016]). Accordingly, the Supreme Court properly designated the defendant a level three sex offender.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.