Legal Opinion

People v. DeCastro

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

Decided December 5, 2012PublishedCited by 14 opinions

1Opinion of the Court

Contrary to the appellant’s contention, the Supreme Court properly determined that he was correctly assessed 15 points under risk factor 12 by the Board of Examiners of Sex Offenders based upon his refusal to accept appropriate sex offender treatment. Although the appellant maintains that he should have received a partial assessment of only 5 points under this category because his refusal to attend treatment was motivated by a desire to avoid shame and humiliation while in prison rather than by a denial of culpability for his crime, risk factor 12 of the risk assessment instrument “do[es] not…

2Cases cited1 opinion

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by14 opinions

  1. People v. GriggAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2013

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