103 A.D.3d 572 961 N.Y.S.2d 43

The People of the State of New York, Respondent, v Kamal Gajadhar, Appellant.

[961 NYS2d 43]

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.

People v. Gajadhar
103 A.D.3d 572 961 N.Y.S.2d 43

Case Details

Name
People v. Gajadhar
Decision Date
Feb 26, 2013
Citations

103 A.D.3d 572

961 N.Y.S.2d 43

Jurisdiction
New York

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