Legal Opinion
People v. Cabrera
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2012PublishedCited by 37 opinions
1Opinion of the Court
The court appropriately exercised its discretion in adjudicating defendant a level two offender and in determining that a downward departure from the presumptive risk level was not warranted. The People demonstrated by clear and convincing evidence that defendant, a 35-year-old man at the time of the crime, lured a special education child into a store, where he then proceeded to sodomize and rape her as she pleaded with him to stop. Defendant does not dispute that the Board properly assessed him 10 points for “Use of Violence,” 25 points for “Sexual Contact with Victim,” 20 points for “Age of…
2Cases cited3 opinions
- People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. LinebergerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by37 opinions
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JuneAppellate Division of the Supreme Court of the State of New York · 2017
- People v. EtheridgeAppellate Division of the Supreme Court of the State of New York · 2017
- People v. NewmanAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2023
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