Legal Opinion

People v. MacCoy

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2017No. 2016-06805PublishedCited by 9 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated April 12, 2016, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

A defendant seeking a downward departure from the presumptive risk level established by the Risk Assessment Instrument (hereinafter RAI) prepared by the Board of Examiners of Sex Offenders has the initial burden of “(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends…

2Cases cited2 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. JordanAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by9 opinions

  1. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2019
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2023
  5. People v. EdmeeAppellate Division of the Supreme Court of the State of New York · 2020

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