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Legal Opinion

People v. Diaz

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

Decided May 3, 2011Published

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Del Giudice, J.), dated December 2, 2009, which, after a hearing, designated him a level two sex offender and a sexually violent offender pursuant to Correction Law article 6-C.

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

*770At the hearing conducted pursuant to the Sex Offender Registration Act (Correction Law art 6-C), the People proved by clear and convincing evidence that an upward departure tó a risk level two sexually violent offender designation was warranted (see Correction Law § 168-a [3], [7]…

2Cases cited8 opinions

  1. People v. ChiddickNew York Court of Appeals · 2007
  2. In re Philip A.New York Court of Appeals · 1980
  3. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. SullivanAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. VenturaAppellate Division of the Supreme Court of the State of New York · 2005

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