People v. Restrepo, 2023 NY Slip Op 02896 (N.Y. App. Div. 2023). · Go Syfert
Search
People v. Restrepo, 2023 NY Slip Op 02896 (N.Y. App. Div. 2023). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases · …the fact that the defendant's score on the static-99 classified him as a low risk to reoffend is not a circumstance which, standing alone, may be considered a mitigating factor. ⚠ not in text Topic ↗
23 citation events (23 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Perez (nyappdiv, 2025-10-01)
Treatment trajectory · 2023 → 2026 · click a year to view as-of
2023 2024 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Perez (2×)
N.Y. App. Div. · 2025 · confidence medium
Guidelines; and (2) establishing the facts in support of its existence by a preponderance of the evidence'" ( People v Coleman , 225 AD3d 792, 794 [internal quotation marks omitted], quoting People v Downes , 216 AD3d 1183, 1183-1184; see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary [hereinafter Guidelines] at 4 [2006]; People v Gillotti , 23 NY3d 841, 860). "'If the defendant makes that twofold showing, the SORA court must exercise its discretion by weighing the mitigating factor to determine whether the totality of the circumstances warrants a departure to avoid a…
discussed Cited as authority (rule) People v. Skipper (2×)
N.Y. App. Div. · 2025 · confidence medium
Guidelines; and (2) establishing the facts in support of its existence by a preponderance of the evidence'" ( People v Coleman , 225 AD3d 792 , 794, quoting People v Downes , 216 AD3d 1183, 1183-1184 [internal quotation marks omitted]; see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter Guidelines]; People v Gillotti , 23 NY3d 841, 860 ). "'If the defendant makes that twofold showing, the SORA court must exercise its discretion by weighing the mitigating factor to determine whether the totality of the circumstances warrants a departure to avoid…
discussed Cited as authority (rule) People v. Cangiano (2×)
N.Y. App. Div. · 2025 · confidence medium
Guidelines; and (2) establishing the facts in support of its existence by a preponderance of the evidence" ( People v Downes , 216 AD3d 1183, 1183-1184 [internal quotation marks omitted]; see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter Guidelines]; see also People v Gillotti , 23 NY3d 841, 861 ).
discussed Cited as authority (rule) People v. Coleman
N.Y. App. Div. · 2024 · confidence medium
Guidelines; and (2) establishing the facts in support of its existence by a preponderance of the evidence'" ( People v Downes , 216 AD3d 1183, 1183-1184 , quoting People v Jones , 196 AD3d 515, 515 [internal quotation marks omitted]; see People v Gillotti , 23 NY3d 841, 860 ; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter Guidelines]). "'If the defendant makes that twofold showing, the SORA court must exercise its discretion by weighing the mitigating factor to determine whether the totality of the circumstances warrants a departure t…
Retrieving the full opinion text from the archive…
People
v.
Restrepo
Ind. No. 1256/16.
Appellate Division of the Supreme Court of the State of New York.
May 31, 2023.
2023 NY Slip Op 02896
Published
People v Restrepo (2023 NY Slip Op 02896)
People v Restrepo
2023 NY Slip Op 02896
Decided on May 31, 2023
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 May 31, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.

2019-06093
(Ind. No. 1256/16)

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

v

Sebastian Restrepo, appellant.




Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Ellen C. Abbot of counsel; Jordan Miller on the memorandum), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Peter F. Vallone, Jr., J.), imposed March 19, 2019, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The sentence imposed was not excessive (see People v Suitte , 90 AD2d 80).

CONNOLLY, J.P., CHAMBERS, MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court