Legal Opinion

People v. Migliaccio

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

Decided December 20, 2011PublishedCited by 20 opinions

1Opinion of the Court

*880At the defendant’s hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), he sought a downward departure from his presumptive risk level based, inter alia, on his response to the therapeutic treatment he had received while incarcerated, which included intensive sex offender treatment, and an independent psychological evaluation which assessed his current psychological functioning. The County Court denied the defendant’s application on the ground that his participation in treatment was adequately taken into account by the risk assessment instrument in…

2Cases cited2 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by20 opinions

  1. People v. Del-CarmenAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. PendletonAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. EmeryAppellate Division of the Supreme Court of the State of New York · 2022
  5. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2013

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