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The People of the State of New York, Respondent v. Kamal Gajadhar

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


February 26, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KAMAL GAJADHAR, DEFENDANT-APPELLANT.

People v Gajadhar

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 February 26, 2013

Friedman, J.P., Saxe, Moskowitz, DeGrasse, Roman, JJ.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about June 14, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US, 130 S Ct 552 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]). The circumstances of the underlying crime were egregious, and they indicated a potential that a reoffense by defendant would cause a high degree of harm. Defendant has not shown that his age (late 40s) or any of the other factors he cites warranted a downward departure.

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

ENTERED: FEBRUARY 26, 2013

CLERK

20130226

© 1992-2013 VersusLaw Inc.



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