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People v. Gochnour

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 2008
50 A.D.3d 754 (N.Y. App. Div. 2008)

Opinion

No. 2006-09157.

April 8, 2008.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rooney, J.), dated August 22, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

Before: Skelos, J.P., Covello, Eng and Leventhal, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly assessed points for his failure to accept responsibility for his offense ( see People v Gonzalez, 48 AD3d 226; People v Dubuque, 35 AD3d 1011).

Furthermore, the defendant failed to show by clear and convincing evidence that there existed mitigating circumstances of a kind or to a degree not otherwise taken into account by the risk assessment instrument, which warranted a downward departure from his presumptive risk level designation ( see People v Marin, 48 AD3d 535; People v Taylor, 48 AD3d 775; People v Galligan, 41 AD3d 683). Accordingly, the court providently exercised its discretion in designating him a level two sex offender ( id.).


Summaries of

People v. Gochnour

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 2008
50 A.D.3d 754 (N.Y. App. Div. 2008)
Case details for

People v. Gochnour

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GOCHNOUR…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 2008

Citations

50 A.D.3d 754 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3183
854 N.Y.S.2d 651

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