LAW.coLAW.co

The People of the State of New York, Respondent, v. David Carter, Appellant

New York Supreme Court, Appellate Division2009-03-10
60 A.D.3d 467875 N.Y.S.2d 28

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

— Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about January 24, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guarnan, 8 AD3d 545 [2004]). We note that the underlying sex crime was violent, and that defendant had a history of violent crimes. Concur — Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Freedman, JJ.