People v. Munoz, 2017 NY Slip Op 8398 (N.Y. App. Div. 2017). · Go Syfert
People v. Munoz, 2017 NY Slip Op 8398 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
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34 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Moore (nycrimctrichm, 2025-05-01)
Treatment trajectory · 2019 → 2026 · click a year to view as-of
2019 2022 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Moore
N.Y. Crim. Ct., Richmond · 2025 · confidence medium
See People v Palomeque , 170 AD3d 1055 , 1056 (2d Dept 2019) ("the defendant, who committed the subject offense when he was in his 40s, failed to demonstrate that his age at the time of the SORA determination, 53 years old, resulted in an overassessment of his risk to public safety and, thus, did not meet his burden of proof in establishing that this mitigating circumstance actually existed"); People v Shelton , 126 AD3d 959, 959-60 (2d Dept 2015) (where defendant, who was 60 years old at the time of the SORA hearing, made several arguments in favor of downward departure, the most significant …
discussed Cited as authority (rule) People v. Moore
N.Y. Crim. Ct., Richmond · 2025 · confidence medium
See People v Palomeque , 170 AD3d 1055 , 1056 (2d Dept 2019) ("the defendant, who committed the subject offense when he was in his 40s, failed to demonstrate that his age at the time of the SORA determination, 53 years old, resulted in an overassessment of his risk to public safety and, thus, did not meet his burden of proof in establishing that this mitigating circumstance actually existed"); People v Shelton , 126 AD3d 959, 959-60 (2d Dept 2015) (where defendant, who was 60 years old at the time of the SORA hearing, made several arguments in favor of downward departure, the most significant …
discussed Cited as authority (rule) People v. Pardee
N.Y. App. Div. · 2024 · confidence medium
Further, although advanced age may constitute a mitigating factor warranting a downward departure ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4-5 [2006]), defendant's conclusory assertion that his age was a mitigating factor did not establish by a preponderance of the evidence how his age of only 60 minimizes his risk of reoffending ( see People v Bussom , 222 AD3d 1426, 1426-1427 [4th Dept 2023], lv denied ___ NY3d ___ [May 23, 2024]; People v Small , 217 AD3d 1289 , 1289-1290 [3d Dept 2023]; People v Munoz , 155 AD3d 1068, 1069 [2d Dept 2017], lv denied …
discussed Cited as authority (rule) People v. Griffin
N.Y. App. Div. · 2020 · confidence medium
"Although 'advanced age' may constitute a basis for a downward departure[,] . . . defendant failed to demonstrate that his age at the time of the SORA hearing, [55] years old, would, in and of itself, reduce his risk of reoffense" ( People v Munoz , 155 AD3d 1068, 1069 [2d Dept 2017], lv denied 30 NY3d 912 [2018]; see People v Johnson , 120 AD3d 1542, 1542 [4th Dept 2014], lv denied 24 NY3d 910 [2014]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4-5 [2006]).
discussed Cited "see" People v. Bussom
N.Y. App. Div. · 2023 · signal: see · confidence high
Here, "[a]lthough advanced age may constitute a basis for a downward departure," we conclude that defendant "failed to demonstrate that his age at the time of the SORA hearing, [57] years old, would, in and of itself, reduce his risk of reoffense" ( People v Griffin , 187 AD3d 1566 , 1566 [4th Dept 2020] [internal quotation marks omitted]; see People v Munoz , 155 AD3d 1068, 1069 [2d Dept 2017], lv denied 30 NY3d 912 [2018]).
discussed Cited "see" People v. Todd
N.Y. App. Div. · 2020 · signal: see · confidence high
Although "advanced age" may constitute a basis for a downward departure ( People v McClendon , 175 AD3d 1329 , 1331 [internal quotation marks omitted]; see People v Munoz , 155 AD3d 1068, 1069 ; Guidelines at 5), the defendant failed to demonstrate that his age at the time of the SORA hearing, 53 years old, constituted an appropriate mitigating factor and minimized his risk of reoffense ( see People v Khan , 182 AD3d 613, 614 ; People v Sawyer , 169 AD3d 840 , 840-841; People v Santiago , 137 AD3d 762, 765 ).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Domingo Munoz, Appellant
2015-09428.
Appellate Division of the Supreme Court of the State of New York.
Nov 29, 2017.
2017 NY Slip Op 8398
Eng, Rivera, Roman, Connolly.
Cited by 28 opinions  |  Published

Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated September 21, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the defendant’s request for a downward departure to a risk level two designation. A defendant seeking a downward departure from his or her presumptive risk level has the initial burden of (1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is not otherwise adequately taken into account by the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) guidelines, and (2) establishing the facts in support of its existence by a preponderance of the evidence (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary [2006] [hereinafter Guidelines]; People v Gillotti, 23 NY3d 841, 861 [2014]; People v Anderson, 151 AD3d 767 [2017]; People v Wyatt, 89 AD3d 112, 128 [2011]).

Although “advanced age” may constitute a basis for a downward departure (see Guidelines at 5), the defendant failed to demonstrate that his age at the time of the SORA hearing, 57 years old, would, in and of itself, reduce his risk of reoffense (see People v Alvarez, 153 AD3d 645 [2017]; People v Garcia, 144 AD3d 650, 651 [2016]; People v Santiago, 137 AD3d 762, 764-765 [2016]; People v Shelton, 126 AD3d 959, 960 [2015]). The remaining circumstances identified by the defendant at the hearing did not constitute appropriate mitigating factors because they did not tend to establish a lower likelihood of reoffense (see People v Wyatt, 89 AD3d at 121). Accordingly, the Supreme Court properly denied the defendant’s request for a downward departure and designated him a level three sex offender.

Eng, P.J., Rivera, Roman and Connolly, JJ., concur.