PEOPLE v. FRANCESCHINI

Ind. No. 2297/04. Appeal No. 16635. Case No. 2019-05271.

210 A.D.3d 509 (2022)

176 N.Y.S.3d 489

2022 NY Slip Op 06445

The People of the State of New York, Respondent, v. Vinerio Franceschini, Appellant.

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

Decided November 15, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Simone Greenberg of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( John T. Komondorea of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Higgitt, JJ.


Order, Supreme Court, Bronx County (Steven L. Barrett, J.), entered on or about August 15, 2019, which adjudicated defendant a level three sexually violent predicate offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23...

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