Legal Opinion

People v. Rodriguez

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

Decided December 8, 2016No. 2410 99059/14PublishedCited by 70 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about November 4, 2014, which adjudicated defendant a risk level two sex offender pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6-C), unanimously affirmed, without costs.

In determining whether a departure from the presumptive risk reoffense level determined by the Board of Examiners of Sex Offenders (the Board) is warranted, the court must follow a three step process. First, it must determine “whether the aggravating or mitigating circumstances alleged by a party seeking a departure are, as a…

2Cases cited4 opinions

  1. People v. GillottiNew York Court of Appeals · 2014
  2. People v. GravinoNew York Court of Appeals · 2010
  3. People v. RoldanAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. McGarghanAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by70 opinions

  1. People v. RivasAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. OrtegaAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. MercerAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2017

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