Legal Opinion

People v. Warrior

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

Decided December 31, 2008PublishedCited by 8 opinions

1Opinion of the Court

*1472Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). At the SORA hearing, the People sought that determination based upon defendant’s score of 115 on the risk assessment instrument. Upon our review of the record, we agree with defendant that the assessment of 20 points in the category “[n]umber of victims” is not supported by clear and convincing evidence. Neither the People’s Molineux notice alleging the existence of a second victim nor the oral assertions at the SORA hearing…

2Cases cited4 opinions

  1. People v. ArotinAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. DominieAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by8 opinions

  1. People v. StewartAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. BriggsAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. FinocchiaroAppellate Division of the Supreme Court of the State of New York · 2016
  4. FINOCCHIARO, DANIEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. AlayAppellate Division of the Supreme Court of the State of New York · 2021

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