Legal Opinion

People v. Brewer

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

Decided June 5, 2009PublishedCited by 17 opinions

1Opinion of the Court

Appeal from an order of the Ontario County Court (William F. *1605Kocher, J.), entered April 28, 2008. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that' the order so appealed from is unanimously modified in the exercise of discretion by determining that defendant is a level two risk pursuant to the Sex Offender Registration Act and as modified the order is affirmed without costs.

Memorandum: We agree with defendant that County Court improvidently exercised its discretion in determining that he is a level three risk…

2Cases cited4 opinions

  1. Chemical Bank v. Von BulowNew York Court of Appeals · 1984
  2. People v. WeatherleyAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. HeichelAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by17 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. FryerAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. GoossensAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. KearnsAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2016

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