Legal Opinion
People v. Smith
New York Court of Appeals
Decided October 16, 2008PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the case remitted to County Court for further proceedings in accordance with this memorandum.
Defendant pleaded guilty to one count of rape in the third degree (Penal Law § 130.25 [2]) after admitting that he was 31 years old when he engaged in sexual intercourse with the 16-year-old victim. At a subsequent hearing held pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), defendant conceded that the risk assessment instrument properly imposed 70 points, the maximum…
2Cases cited3 opinions
- Matter of I.New York Court of Appeals · 1979
- People v. MarrAppellate Division of the Supreme Court of the State of New York · 2005
- People v. KraegerAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by20 opinions
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HubelAppellate Division of the Supreme Court of the State of New York · 2010
- People v. LeopoldNew York Court of Appeals · 2010
- People v. KempAppellate Division of the Supreme Court of the State of New York · 2015
- People v. FlaxAppellate Division of the Supreme Court of the State of New York · 2010
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