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The People of the State of New York, Respondent v. Carlos Correa

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 13, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CARLOS CORREA, DEFENDANT-APPELLANT.

People v Correa

Decided on March 13, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Sweeny, Freedman, Manzanet-Daniels, JJ.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about May 20, 2005, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed.

The court properly exercised its discretion when it granted a downward departure to risk level two, but declined to grant a further departure (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). After weighing the extreme seriousness of defendant's criminal conduct against the mitigating factors he cites, we conclude that departure to the lowest risk level would not be appropriate.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 13, 2012

CLERK

20120313

© 1992-2012 VersusLaw Inc.



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