Legal Opinion
People v. Brian L.
Watertown City Court
Decided September 28, 2007PublishedCited by 2 opinions
1Opinion of the Court
*725OPINION OF THE COURT
James C. Harberson, Jr., J.
The defendant, who is barely sentient enough to perceive the difference between right and wrong legally (having an IQ of less than 60), admitted to a violation of attempted forcible touching (Penal Law §§ 110.00, 130.52).
The defense argues that because the defendant has a permanent mental and/or physical disability that keeps him from ever engaging in income-producing activity, the court should not assess the various fees outlined in Penal Law § 60.35 at the time of sentence. The People and the Attorney General’s Division of Appeals and Opinions…
2Cases cited21 opinions
- Ross v. MoffittSupreme Court of the United States · 1974
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- Railroad Retirement Board v. Alton RailroadSupreme Court of the United States · 1935
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
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3Cited by2 opinions
- People v. MorrisonNew York Supreme Court · 2012
- People v. WaltersNew York Family Court · 2010