Legal Opinion
People v. Franco
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2013PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about February 1, 2011, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly assessed 30 points for defendant’s prior violent felony conviction even though he had not yet been sentenced on that conviction at the time he committed the underlying sex offense. We find no basis for applying the sequentiality requirement of the predicate felony offender sentencing statutes to the risk…
2Cases cited4 opinions
- North v. Board of ExaminersNew York Court of Appeals · 2007
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 2009
- Smith v. DevaneAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MontillaNew York Court of Appeals · 2008
3Cited by5 opinions
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BeersAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DayAppellate Division of the Supreme Court of the State of New York · 2022
- People v. HirjiAppellate Division of the Supreme Court of the State of New York · 2019
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015