Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Term, First Department: April 13, 2018

Appellate Term, First Department: April 13, 2018

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

By: Ling-Cohan, J.P., Cooper, Edmead, JJ.17-182. THE PEOPLE OF THE STATE OF NEW YORK, res, v. BRIAN ABNER, def-app — Order (Julio Rodriguez III, J.), dated August 24, 2016, affirmed.The record supports the court’s discretionary upward departure to level three. There was clear and convincing evidence of aggravating factors not taken into account by the risk assessment instrument (see People v. Gillotti, 23 NY3d 841, 861-862 [2014]; People v. Roman, 143 AD3d 476 [2016], lv denied 28 NY3d 912 [2017]). The assessment of the maximum points available for defendant’s criminal history was not enough to reflect the extent of that history, including numerous convictions for sex offenses in Florida, California, Nevada and New York, which demonstrate a high risk of sexual recidivism (see People v. Taylor, 154 AD3d 524 [2017], lv denied 30 NY3d 909 [2018]; People v. Collins, 127 AD3d 568, 568-569 [2015], lv denied 26 NY3d 901 [2015]; People v. Goodwin, 126 AD3d 610, 611 [2015], lv denied 25 NY3d 913 [2015]). Moreover, defendant committed the underlying crime after already having been adjudicated a level three offender in New York on a prior case (see People v. Faulkner, 122 AD3d 539 [2014], lv denied 24 NY3d 915 [2015]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 13, 2018

15-253. THE PEOPLE OF THE STATE OF NEW YORK, res, v. DIMITRIUS ADAMS, def-app — Judgment of conviction (Kevin B. McGrath, J.), rendered October 1, 2014, reversed, on the law, and the accusatory instrument dismissed.Reversal of the judgment convicting defendant of criminal possession of marijuana in the fifth degree (see Penal Law 221.10[1]) and dismissal of that charge is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the “public place” element of the offense.In view of the foregoing, we reach no other issue.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 13, 2018

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›
CORPORATE/SECURITIES/MERGERS & ACQUISITIONS/FINANCE TRANSACTIONAL ATTORNEY

CORPORATE/SECURITIES/MERGERS & ACQUISITIONS/FINANCE TRANSACTIONAL ATTORNEY- DELAWARE, FLORIDA, MARYLAND, NEW JERSEY, NEW YORK OR TEXAS O...


Apply Now ›
CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›
Go to Lawjobs