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Legal Opinion

People v. Sotomayer

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

Decided October 5, 2016No. 2012-11380PublishedCited by 23 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Rienzi, J.), dated December 14, 2012, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the defendant is designated a level two sex offender.

A court determining a defendant’s risk level under the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), is not permitted…

2Cases cited4 opinions

  1. People v. AbdullahAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. LathanAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. Witchley, New York County Courts2005

3Cited by23 opinions

  1. People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. Flores-HernandezAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. AlleyneAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. EspinozaAppellate Division of the Supreme Court of the State of New York · 2023
  5. People v. Evelyn-MoeAppellate Division of the Supreme Court of the State of New York · 2023

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