Legal Opinion
People v. Bennis
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 2010PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated August 29, 2008, which, after a hearing to redetermine his sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to show by clear and convincing evidence that special circumstances existed warranting a downward departure from his presumptive risk level two designation (see People v…
2Cases cited8 opinions
- Doe v. PatakiDistrict Court, S.D. New York · 1998
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ColavitoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. AinorisAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CharltonAppellate Division of the Supreme Court of the State of New York · 2010