Legal Opinion

People v. Palmer

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 2012PublishedCited by 10 opinions

1Opinion of the Court

The People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime. Therefore, he was presumptively a level three sexually violent offender pursuant to an automatic override addressing prior felony convictions for sex crimes, irrespective of the points scored on the risk assessment instrument (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 3-4 [2006]; People v Carter, 85 AD3d 995 [2011]; People v Guitard, 57 AD3d 751, 752 [2008]). In any event, contrary to the defendant’s contention, he was…

2Cases cited4 opinions

  1. People v. GuitardAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. AbreuAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by10 opinions

  1. People v. BoykinAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. MansonAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. BarfieldAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. VelezAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. BarbourAppellate Division of the Supreme Court of the State of New York · 2013

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