Legal Opinion
People v. Foy
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 7 opinions
1Opinion of the Court
“Utilization of the risk assessment instrument will generally result in the proper classification in most cases so that departures will be the exception not the rule ... A departure from the presumptive risk level is warranted where there exists an aggravating or mitigating factor of a kind or to a degree not otherwise adequately taken into account by the guidelines” (People v O’Neal, 26 AD3d 365, 365 [2006]). There must be clear and convincing evidence of the existence of a special circumstance to warrant a departure (see People v Dexter, 21 AD3d 403 [2005]).
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2Cases cited3 opinions
- People v. DexterAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. O'NealAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- People v. GuitardAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HerronAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BradshawAppellate Division of the Supreme Court of the State of New York · 2009
- People v. PasquarelliAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BowensAppellate Division of the Supreme Court of the State of New York · 2009
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