PEOPLE v. ERVING

13933, 1163/06.

124 A.D.3d 447 (2015)

998 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW ERVING, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 13, 2015.


The court properly applied the presumptive override for a prior felony sex crime conviction, and defendant's completion of a sex offender treatment program while in prison and his relatively minor disciplinary history while incarcerated did not warrant a downward departure. In addition to the underlying sex crime conviction, defendant had two prior felony sex convictions, and all three cases involved similar violent behavior, demonstrating a serious threat of recidivism ...

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