People v Nesbit

People v Nesbit 2016 NY Slip Op 06660 Decided on October 11, 2016 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 October 11, 2016
Mazzarelli, J.P., Sweeny, Acosta, Moskowitz, Gesmer, JJ.
1858 2327/11

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

v

Leonard Nesbit, Defendant-Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about November 15, 2012, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, and were

outweighed by the circumstances of the underlying crime and defendant's criminal history.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 11, 2016

CLERK