People v. Acevedo, 2021 NY Slip Op 03921 (N.Y. App. Div. 2021). · Go Syfert
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People v. Acevedo, 2021 NY Slip Op 03921 (N.Y. App. Div. 2021). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Richard (nyappdiv, 2024-12-19)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Richard
N.Y. App. Div. · 2024 · confidence medium
Although the Board again elected not to assess points under this factor, the Board's position was not binding upon County Court ( see People v Bush , 105 AD3d 1179 , 1181 [3d Dept 2013], lv denied 21 NY3d 860 [2013]) and, contrary to defendant's assertion, the relevant guidelines "do not preclude the assessment of points based on [the] remoteness" of the disciplinary violations ( People v Kaff , 149 AD3d 783 , 784 [2d Dept 2017], lv denied 29 NY3d 916 [2017]; see People v Neal , 214 AD3d 421, 421 [1st Dept 2023], lv denied 39 NY3d 916 [2023]; People v Holmes , 195 AD3d 528, 528 [1st Dept 2021]…
discussed Cited as authority (rule) People v. Resto
N.Y. App. Div. · 2023 · confidence medium
The evidence also demonstrated that defendant received two tier II and two tier III infractions during his confinement, one of which was for possessing a weapon, and the court was not required to disregard this infraction on the ground of remoteness in time ( see People v Neal , 214 AD3d 421, 421 [1st Dept 2023], lv denied 39 NY3d 916 [2023]; People v Holmes , 195 AD3d 528, 528 [1st Dept 2021], lv denied 37 NY3d 912 [2021]).
Retrieving the full opinion text from the archive…
People
v.
Acevedo
Ind No. 299/14 Appeal No. 14084 Case No. 2018-1046.
Appellate Division of the Supreme Court of the State of New York.
Jun 17, 2021.
2021 NY Slip Op 03921
Cited by 1 opinion  |  Published
People v Acevedo (2021 NY Slip Op 03921)
People v Acevedo
2021 NY Slip Op 03921
Decided on June 17, 2021
Appellate Division, First 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 and Entered: June 17, 2021
Before: Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

Ind No. 299/14 Appeal No. 14084 Case No. 2018-1046

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

v

Ramon Acevedo, Defendant-Appellant.




Janet E. Sabel, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Robert Myers of counsel), for respondent.



Appeal from order, Supreme Court, Bronx County (Marc J. Whiten, J.), entered on or about December 22, 2016, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously dismissed, without costs.

Because defendant has absconded from parole supervision, he has forfeited his right to appeal. Although a SORA appeal is a civil appeal, the fugitive disentitlement doctrine remains applicable (People v Rodriguez, 67 AD3d 596, 596 [1st Dept 2009], lv denied 14 NY3d 706 [2010]; Wechsler v Wechsler, 45 AD3d 470, 472 [1st Dept 2007]).

In any event, we conclude that defendant was properly adjudicated a level three offender. The court's point assessment for the relationship (strangers) between defendant and the victim was supported by reliable evidence, including defendant's own

statement to the police, and there was no basis for a downward departure in light of the egregious circumstances of the underlying crime. THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: June 17, 2021