Legal Opinion
People v. O'Neal
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 2006PublishedCited by 6 opinions
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Westchester County (Walker, J.), entered December 15, 2004, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.
Ordered that the order is affirmed, without costs or disbursements.
Utilization of the risk assessment instrument will generally result in the proper classification in most cases so that departures will be the exception, not the rule (see People v Guaman, 8 AD3d 545 [2004]). A departure from the presumptive risk level is warranted where there exists an aggravating or…
2Cases cited4 opinions
- People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2004
- People v. OvermanAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- People v. MingoAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2006
- People v. FoyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BulaAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MontalvoAppellate Division of the Supreme Court of the State of New York · 2007
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