Legal Opinion
People v. Romero
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 2014PublishedCited by 13 opinions
1Opinion of the Court
In determining a defendant’s risk level pursuant to the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), “[a] downward departure from a sex offender’s presumptive risk level generally is only warranted where there exists a mitigating factor of a kind, or to a degree, that is not otherwise adequately taken into account by the SORA Guidelines” (People v Watson, 95 AD3d 978, 979 [2012]; see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]). A defendant seeking a downward departure has the initial burden of “(1) identifying, as a…
2Cases cited2 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by13 opinions
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PaviaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LeshchenkoAppellate Division of the Supreme Court of the State of New York · 2015
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