Legal Opinion

People v. Mercer

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

Decided March 29, 2017No. 2015-09493PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated September 3, 2015, 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.

In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168-n [3]; People v Mitchell, 142 AD3d 542, 543…

2Cases cited9 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. MingoNew York Court of Appeals · 2009
  3. People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. BenitezAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by5 opinions

  1. People v. KhanAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2019
  4. People v. PerryAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. YoungAppellate Division of the Supreme Court of the State of New York · 2018

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