Legal Opinion
People v. Poole
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2013PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered May 24, 2011, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender *655Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
A level three adjudication is appropriate. Both the court’s upward departure to level three, which formed an alternative basis for the adjudication, and its refusal to grant a downward departure were provident exercises of discretion. £<[T]he level suggested by the [risk assessment instrument] is merely presumptive and a SORA court…
2Cases cited3 opinions
- People v. MingoNew York Court of Appeals · 2009
- People v. JohnsonNew York Court of Appeals · 2008
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by10 opinions
- People v. JamisonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SmallsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BynumAppellate Division of the Supreme Court of the State of New York · 2016
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