Legal Opinion

People v. Montes

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

Decided December 30, 2015No. 2014-02097PublishedCited by 9 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (DiMango, J.), dated February 27, 2014, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

In determining the defendant’s risk level under the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the Supreme Court improperly assessed him 20 points under risk factor 7, based on his relationship as a foster parent to the two victims. The evidence demonstrated that the defendant was…

2Cases cited6 opinions

  1. People v. MantillaAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. FroschAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. SteinAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. MayAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. CarboneAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by9 opinions

  1. The People v. William CookNew York Court of Appeals · 2017
  2. People v. ZilioxAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. CelleriAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. CremeansAppellate Division of the Supreme Court of the State of New York · 2021

4 more not listed; retrieve them via the Exa API.

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