People v. Frazier , 998 N.Y.S.2d 631 ( 2015 )


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  • People v Frazier (2015 NY Slip Op 00647)
    People v Frazier
    2015 NY Slip Op 00647
    Decided on January 26, 2015
    Appellate Division, First Department
    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 January 26, 2015
    Mazzarelli, J.P., Renwick, DeGrasse, Richter, Clark, JJ.

    14061 6507/01

    [*1] The People of the State of New York Respondent,

    v

    Thomas Frazier, Defendant-Appellant.




    Seymour W. James, Jr., The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

    Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.



    Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about October 30, 2013, which adjudicated defendant a level three 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 (see People v Gillotti, 23 NY3d 841, 861 [2014]). The mitigating factors cited by defendant did not

    warrant a departure when viewed in light of defendant's criminal history and the seriousness of the underlying crime.

    THIS CONSTITUTES THE DECISION AND ORDER

    OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

    ENTERED: JANUARY 26, 2015

    CLERK



Document Info

Docket Number: 14061 6507-01

Citation Numbers: 124 A.D.3d 544, 998 N.Y.S.2d 631

Filed Date: 1/26/2015

Precedential Status: Precedential

Modified Date: 1/12/2023