New York Supreme and/or Appellate Courts Appellate Division, First Department
May 10, 2012
THE PEOPLE OF THE STATE OF NEW YORK, CASE RESPONDENT,
People v Mungin
Decided on May 10, 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.
Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam, Roman, JJ.
Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about June 24, 2009, 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 assessed 10 points under the risk factor for forcible compulsion. Even if the initial restraint of the victims was accomplished by deception, the subsequent circumstances of the crime satisfied the definition of forcible compulsion (see Penal Law 130.00[b]).
The court properly exercised its discretion in denying defendant's application for a downward departure (see People v Mingo, 12 NY3d 563, 568 n 2 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 10, 2012
© 1992-2012 VersusLaw Inc.