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The People of the State of New York v. Eric Bright

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


March 14, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ERIC BRIGHT,
DEFENDANT-APPELLANT.

People v Bright

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 14, 2013

Gonzalez, P.J., Tom, Richter, Abdus-Salaam, JJ.

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about July 25, 2011, which adjudicated defendant a level three sexually violent predicate 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's request for a downward departure (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558 US, 130 S Ct 552 [2009]; People v Mingo, 12 NY3d 563, 568 n 2 [2009]). The mitigating factors cited by defendant are outweighed by his very serious criminal record, which includes, among other things, the underlying sex crime as well as an egregious prior sex crime and a conviction for failing to register in connection with a prior sex offender adjudication. The record does not establish that psychiatric treatment has reduced defendant's risk of reoffense to an extent warranting a downward departure.

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

ENTERED: MARCH 14, 2013

CLERK

20130314

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