People v. Peeples
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Westchester County (Cacace, J.), entered November 28, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A court has the discretion to downwardly depart from the presumptive risk level in a proceeding under the Sex Offender Registration Act (hereinafter SORA) (see Correction Law art 6-C) only after the defendant makes a twofold showing. First, the defendant must identify “as a matter of law, an appropriate…
2Cases cited5 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BowlesAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2011
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