People v Jackson

People v Jackson 2011 NY Slip Op 02809 Decided on April 7, 2011 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 April 7, 2011
Tom, J.P., Saxe, DeGrasse, Freedman, Abdus-Salaam, JJ.
4742 6490/97

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

v

Anthony Jackson, Defendant-Appellant.



 
Steven Banks, The Legal Aid Society, New York (Joanne
Legano Ross of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval
Simchi-Levi of counsel), for respondent.

Order, Supreme Court, New York County, (Marcy L. Kahn, J.), entered March 9, 2009, 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 from defendant's presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]), given the seriousness of the underlying sex crimes against a child. The mitigating factors upon which defendant relies were adequately taken into account by
the risk assessment instrument. Moreover, defendant also has a conviction for first-degree manslaughter.

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

ENTERED: APRIL 7, 2011

CLERK