PEOPLE v. CARMONA

Ind. No. 4266/2015. Appeal No. 17174. Case No. 2018-5165.

212 A.D.3d 537 (2023)

180 N.Y.S.3d 530

2023 NY Slip Op 00277

The People of the State of New York, Respondent, v. Juan Carmona, Appellant.

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

Decided January 24, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Iván Pantoja of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( John T. Hughes of counsel), for respondent.

Concur—Kapnick, J.P., González, Mendez, Shulman, Higgitt, JJ.


Order, Supreme Court, New York County (Curtis J. Farber, J.), entered on or about March 16, 2018, 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 record supports the court's discretionary upward departure. Clear and convincing evidence established aggravating factors not adequately taken into account by the risk assessment instrument...

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