Legal Opinion

People v. Lopez

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

Decided October 17, 2017No. 4709 30151/12PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Daniel P. FitzGer-ald, J.), entered on or about July 27, 2016, which denied defendant’s Correction Law § 168-0 (2) petition to modify his sex offender classification, unanimously affirmed, without costs.

Defendant failed to establish by clear and convincing evidence a basis for modification of his risk level (see People v Lashway, 25 NY3d 478 [2015]). Defendant’s expression of remorse is not new, and was considered by the SORA court at the original hearing. The remaining mitigating factors cited by defendant, including his failure to reoffend since his…

2Cases cited3 opinions

  1. The People v. Steven LashwayNew York Court of Appeals · 2015
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. VegaAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by9 opinions

  1. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2023
  2. People v. Brett B.Appellate Division of the Supreme Court of the State of New York · 2020
  3. People v. Brett B.Appellate Division of the Supreme Court of the State of New York · 2020
  4. People v. CharlesAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. DiMartiniAppellate Division of the Supreme Court of the State of New York · 2018

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