People v. Bogert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The risk assessment instrument generally results in a *926“presumptive” risk level determination (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006] [hereinafter Guidelines]; see People v Frosch, 69 AD3d 699 [2010]; People v Richardson, 47 AD3d 905 [2008]). While a court has discretion to depart from the presumptive risk level, a departure is generally the exception, not the rule, and is warranted only where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines”…
2Cases cited16 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. InghilleriAppellate Division of the Supreme Court of the State of New York · 2005
- People v. CharacheNew York Court of Appeals · 2007
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2010
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DeDonaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. KotlerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ElgutAppellate Division of the Supreme Court of the State of New York · 2021
3 more not listed; retrieve them via the Exa API.