Legal Opinion
People v. Palmer
New York Court of Appeals
Decided February 12, 2013PublishedCited by 123 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
Under the Sex Offender Registration Act (SORA), Guidelines, and commentary, offenders are assessed 15 points under risk factor 11 if they have a history of drug or alcohol abuse or if they were abusing drugs or alcohol at the time of the sex offense. At issue in these two appeals is the extent of proof necessary to constitute clear and convincing evidence of “drug or alcohol abuse” under the SORA Guidelines. As the proof in these two cases failed to meet this standard, we conclude that Supreme Court improperly assessed each defendant.
L
Palmer
Defendant…
2Cases cited3 opinions
- People v. LongAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BrittAppellate Division of the Supreme Court of the State of New York · 2009
- People v. LongAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by123 opinions
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
- People v. FilkinsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014
- People v. PalaciosAppellate Division of the Supreme Court of the State of New York · 2016
- People v. ZavalaAppellate Division of the Supreme Court of the State of New York · 2014
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