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The People of the State of New York v. Tracy Galloway

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


March 27, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
TRACY GALLOWAY,
DEFENDANT-APPELLANT.

People v Galloway

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.

Decided on March 27, 2012

Saxe, J.P., Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ.

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about January 20, 2010, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court correctly applied the presumptive override for a prior felony sex crime conviction. Additionally, the court providently exercised its discretion in declining to grant a downward departure. We note that defendant was arrested for fondling his most recent victim while he was on parole for a prior conviction for sexual abuse in the first degree. Additionally, defendant was on his way to his sex offender treatment when he assaulted this victim. As in People v Corian (77 AD3d 590 [2010], lv denied 16 NY3d 705 [2011]), this defendant "has demonstrated an extremely high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not of a type to warrant a level three designation is unpersuasive."

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

ENTERED: MARCH 27, 2012

CLERK

20120327

© 1992-2012 VersusLaw Inc.



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