People v. Peana
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The County Court’s designation of the defendant as a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C) is supported by clear and convincing evidence (see People v Garcia, 56 AD3d 539 [2008]; People v Pardo, 50 AD3d 992 [2008]).
Contrary to the defendant’s contention, he was properly allocated points for not accepting responsibility for his conduct (risk factor 12). The defendant’s lengthy disciplinary record while incarcerated, which terminated his eligibility to enter a sex offender treatment program, may be considered evidence of a refusal of treatment…
2Cases cited6 opinions
- People v. PardoAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DubuqueAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MercadoAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OrengoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SuttonAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
- People v. OctoberAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.