Legal Opinion
People v. Villane
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 6 opinions
1Opinion of the Court
The Supreme Court providently exercised its discretion in upwardly departing from the defendant’s presumptive sex of*518fender level based upon clear and convincing evidence of aggravating factors of a degree not taken into account by the risk assessment instrument and the guidelines (see People v Leibach, 39 AD3d 1093 [2007]; People v Agard, 35 AD3d 568 [2006]). The defendant’s remaining contentions need not be addressed in light of our determination (see People v Turner, 45 AD3d 747 [2007]) and, in any event, are without merit (see People v Johnson, 47 AD3d 140 [2007]; People v Lawless, 44 AD3d…
2Cases cited5 opinions
- People v. LawlessAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LeibachAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AgardAppellate Division of the Supreme Court of the State of New York · 2006
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. TurnerAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- People v. WorleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. PerahiaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. StellaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2009
1 more not listed; retrieve them via the Exa API.