Legal Opinion

People v. Brown

New York Supreme Court

Decided September 23, 2004PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

William E. Garnett, J.

*530When determining the registration level of a sex offender convicted of possessing a sexual performance by a child (Penal Law § 263.16) pursuant to the Sex Offender Registration Act (hereinafter SORA; Correction Law art 6-C), should the court consider the children depicted in a performance as “victims” in applying the risk factors established by the Board of Examiners of Sex Offenders?

On March 31, 2004, the defendant pleaded guilty to the class E felony of possessing a sexual performance by a child. (Penal Law § 263.16.) The defendant was promised a…

2Cases cited4 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Jones v. BermanNew York Court of Appeals · 1975
  3. Le Drugstore Etats Unis, Inc. v. New York State Board of PharmacyNew York Court of Appeals · 1973
  4. People ex rel Wagner v. InfanteAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. LopezCriminal Court of the City of New York · 2008
  3. People v. NunnCriminal Court of the City of New York · 2009

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