Legal Opinion

People v. Violate

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

Decided December 26, 2013PublishedCited by 2 opinions

1Opinion of the Court

*900Appeal by the defendant from an order of the Supreme Court, Kangs County (Guzman, J.), dated September 22, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that order is affirmed, without costs or disbursements.

A downward departure from a sex offender’s presumptive risk level generally is only warranted where there exists a mitigating factor of a kind, or to a degree, that is not otherwise adequately taken into account by the Sex Offender Registration Act (see Sex Offender Registration Act: Risk Assessment Guidelines and…

2Cases cited10 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. FryerAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. ShephardAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by2 opinions

  1. People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014

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