Legal Opinion

People v. Pearsall

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

Decided November 17, 2009PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Suffolk County (Spinner, J.), dated November 18, 2008, which, after a hearing to redetermine the defendant’s sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]) and pursuant to Doe v Pataki (481 F3d 69 [2007]), designated him a level two sex offender pursuant to Correction Law article 6-C.

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

The defendant failed to show, by clear and convincing evidence, that special circumstances existed warranting a downward…

2Cases cited7 opinions

  1. Doe v. PatakiDistrict Court, S.D. New York · 1998
  2. People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. AbdullahAppellate Division of the Supreme Court of the State of New York · 2006
  4. Doe v. PatakiCourt of Appeals for the Second Circuit · 2007
  5. People v. HerronAppellate Division of the Supreme Court of the State of New York · 2009

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

3Cited by3 opinions

  1. People v. LynkAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BennisAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2011

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