Legal Opinion

People v. Perrah

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

Decided October 5, 2012PublishedCited by 10 opinions

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

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. McCollumAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. HamelinckAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. HoweAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. GardinerAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by10 opinions

  1. People v. JewellAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2013
  4. JEWELL, THOMAS W., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  5. 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.

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