People v. Perrah
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from an order adjudicating him to be a level two risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.), defendant contends that County Court erred in making an upward departure to a risk level two from the presumptive level one risk. We reject that contention. An upward departure from a presumptive risk level is warranted where “ ‘there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines’ ” (People v McCollum, 41 AD3d 1187, 1188 [2007], lv denied 9…
2Cases cited6 opinions
- People v. MingoNew York Court of Appeals · 2009
- People v. McCollumAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HamelinckAppellate Division of the Supreme Court of the State of New York · 2005
- People v. HoweAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GardinerAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. JewellAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2013
- JEWELL, THOMAS W., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JewellAppellate Division of the Supreme Court of the State of New York · 2014
5 more not listed; retrieve them via the Exa API.