Legal Opinion
People v. Fiol
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 13 opinions
1Opinion of the Court
A departure from the presumptive risk level, as determined by the defendant’s total risk factor score on the risk assessment instrument submitted by the New York State Board of Examiners of Sex Offenders (hereinafter the Board), is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, not otherwise adequately taken into account by the guidelines. The court’s finding in this regard must be supported by clear and convincing evidence” (People v Hands, 37 AD3d 441 [2007] [internal quotation marks and citations omitted]).
Contrary to the defendant’s…
2Cases cited5 opinions
- People v. BurgosAppellate Division of the Supreme Court of the State of New York · 2007
- People v. ThorntonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. KwiatkowskiAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MuddAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HandsAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by13 opinions
- People v. DuartAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ManougianAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WorleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GabrielAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 2014
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