PEOPLE v. NUNEZ

11254, 4229/10.

2013 NY Slip Op 08116

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARWIN NUNEZ, Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 5, 2013.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Julia Busetti of counsel), for appellant.

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

Before: Tom, J.P., Friedman, Renwick, Feinman, Clark, JJ.


Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about July 17, 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.

Regardless of whether the court properly assessed defendant 15 points for infliction of physical injury, defendant still qualifies as a level two offender, and there is no basis for a discretionary downward...

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