People v. Howe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court’s upward departure from his presumptive risk level as a level two risk is not supported by clear and convincing evidence. We reject that contention (see People v Gandy, 35 AD3d 1163 [2006]; People v Seils, 28 AD3d 1158 [2006], lv denied 7 NY3d 709 [2006]). “A court may make an upward departure from a presumptive risk level when, ‘after consideration of the indicated factors . . .[,] there exists an…
2Cases cited6 opinions
- People v. AbrahamAppellate Division of the Supreme Court of the State of New York · 2007
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SeilsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. GandyAppellate Division of the Supreme Court of the State of New York · 2006
- People v. FoleyAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by24 opinions
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- People v. PerrahAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ShepardAppellate Division of the Supreme Court of the State of New York · 2013
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