People v. Xochimitl, 2020 NY Slip Op 4497 (N.Y. App. Div. 2020). · Go Syfert
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People v. Xochimitl, 2020 NY Slip Op 4497 (N.Y. App. Div. 2020). Cases Citing This Book View Copy Cite
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discussed Cited as authority (rule) People v. Sheffield
N.Y. App. Div. · 2025 · confidence medium
Although 'advanced age' may constitute a basis for a downward departure, the defendant, who was convicted of further offenses while incarcerated, including attempted assault in the second degree in 2018, failed to establish that his age at the time of the 2021 SORA hearing constituted an appropriate mitigating factor and minimized his risk of reoffense ( see People v Thorpe , 186 AD3d 629, 630).
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People
v.
Xochimitl
Ind. No. 2537/10.
Appellate Division of the Supreme Court of the State of New York.
Aug 12, 2020.
2020 NY Slip Op 4497
Published
People v Xochimitl (2020 NY Slip Op 04497)
People v Xochimitl
2020 NY Slip Op 04497
Decided on August 12, 2020
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on August 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.

2012-11056
(Ind. No. 2537/10)

[*1]The People of the State of New York, respondent,

v

Omar Xochimitl, appellant.




Omar Xochimitl, Comstock, NY, appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Rhea A. Grob, and Michael L. Brenner of counsel), for respondent.

Paul Skip Laisure, New York, NY (Dina Zloczower of counsel), former appellate counsel.

Application by the appellant for a writ of error coram nobis to vacate, on the ground



DECISION & ORDER

of ineffective assistance of appellate counsel, a decision and order of this Court dated February 1, 2017 (People v Xochimitl, 147 AD3d 793, affd 32 NY3d1026), affirming a judgment of the Supreme Court, Kings County, rendered November 27, 2012.

ORDERED that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277).

DILLON, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court