G Cite
cited 6× by 5 distinct cases, 2018–2025 ·
…failed to establish by a preponderance of the evidence the existence of mitigating factors not adequately taken into account by the guidelines
at p. 1432
⚠ not in text
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Richmond
(2×)
Defendant otherwise "failed to establish by a preponderance of the evidence the existence of mitigating factors not adequately taken into account by the guidelines" ( People v Lewis , 156 AD3d 1431, 1432 [4th Dept 2017], lv denied 31 NY3d 904 [2018]; see Wilson , 186 AD3d at 1067 ; People v Nilsen , 148 AD3d 1688, 1689 [4th Dept 2017], lv denied 29 NY3d 912 [2017]).
discussed
Cited as authority (rule)
People v. Bernecky
Defendant otherwise "failed to establish by a preponderance of the evidence the existence of mitigating factors not adequately taken into account by the guidelines" ( People v Lewis , 156 AD3d 1431, 1432 [4th Dept 2017]; see People v Nilsen , 148 AD3d 1688, 1689 [4th Dept 2017], lv denied 29 NY3d 912 [2017]), particularly in light of the fact that he possessed an extraordinary number of pornographic images, including depictions of sexual acts involving children, violence, and bestiality ( see generally People v Poole , 90 AD3d 1550, 1551 [4th Dept 2011]).
discussed
Cited "see"
People v. Chrisley
With a score of 90 points, defendant is in the middle of the range for risk level two, and his history does not warrant a reduction to the lowest possible risk level ( cf. People v Stevens , 55 AD3d 892, 893-894 [2d Dept 2008]; see generally People v Lewis , 156 AD3d 1431 , 1432 [4th Dept 2017], lv denied 31 NY3d 904 [2018]).
Retrieving the full opinion text from the archive…
In the Matter of Edward Alexander, Petitioner,
v.
Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent
v.
Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent
1449 TP 17-01063.
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2017.
Carni, Curran, Lindley, Present--Smith, Troutman.
Published
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Michael M. Mohun, A.J.], entered June 8, 2017) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.
It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.
Present—Smith, J.P., Carni, Lindley, Curran and Troutman, JJ.