People v. Shephard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The People bear the burden of establishing, by clear and convincing evidence, the facts supporting the assessment of points under the Guidelines issued by the Board of Examiners of Sex Offenders under New York’s Sex Offender Registration Act (hereinafter SORA) (see Correction Law § 168, et seq.; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]; People v Harris, 100 AD3d 727 [2012]; People v Thompson, 95 AD3d 977, 977 [2012]).
Here, as the defendant correctly contends, the People did not meet their burden of establishing that the defendant and the victim were…
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- People v. McGrawAppellate Division of the Supreme Court of the State of New York · 2005
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