General
The People of the State of New York, Respondent, v. Francis Afrane, Appellant
135 A.D.3d 64723 N.Y.S.3d 570·New York Supreme Court, Appellate Division·2016·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Francis Afrane, Appellant.
[23 NYS3d 570]
[MAJORITY]
Order, Supreme Court, Bronx County (Alberto Lorenzo, J.), entered on or about December 17, 2014, which adjudicated defendant a level three sexually violent offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion when it declined to grant defendant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant did not warrant a departure, given the seriousness of the underlying sex crimes that defendant repeatedly committed against his young stepdaughter. Concur — Mazzarelli, J.P., Friedman, Acosta and Andrias, JJ.