Legal Opinion
People v. October
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012PublishedCited by 5 opinions
1Opinion of the Court
A court has the discretion to depart from the presumptive *976risk level based upon the facts in the record, but a departure from the presumptive risk level is warranted only where there exists an aggravating factor or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the Sex Offender Registration Act guidelines (see People v Henry, 91 AD3d 927, 927 [2012]; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter the Guidelines]). There must be clear and convincing evidence of a special…
2Cases cited11 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
- People v. AbdullahAppellate Division of the Supreme Court of the State of New York · 2006
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2012
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014
- People v. DelineAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DelineAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014
- People v. NethercottNew York Supreme Court · 2013