People v. Gajadhar, 103 A.D.3d 572 (N.Y. App. Div. 2013). · Go Syfert
People v. Gajadhar, 103 A.D.3d 572 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: People v. Aviles (nyappdiv, 2024-01-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. Aviles
N.Y. App. Div. · 2024 · confidence medium
The egregiousness of the underlying offense, and defendant's prior similar conduct against other victims, indicate that a high degree of harm would result if defendant were to reoffend ( see People v Gajadhar , 103 AD3d 572, 572 [1st Dept 2013], lv denied 21 NY3d 856 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Kamal Gajadhar
Appellate Division of the Supreme Court of the State of New York.
Feb 26, 2013.
103 A.D.3d 572
Cited by 4 opinions  |  Published

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about June 14, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Cintron, 12 NY3d 60, 70 [2009], sub nom. Knox v New York 558 US 1011 [2009]; People v Johnson, 11 NY3d 416, 418, 421 [2008]). The circumstances of the underlying crime were egregious, and they indicated a potential that a reoffense by defendant would cause a high degree of harm. Defendant has not shown that his age (late 40s) or any of the other factors he cites warranted a downward departure. Concur—Friedman, J.P., Saxe, Moskowitz, DeGrasse and Roman, JJ.