Legal Opinion

People v. McPherson

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

Decided February 5, 2014PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J.), dated November 28, 2012, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168-n [3]; see also Sex Offender Registration Act:…

2Cases cited7 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. PettigrewNew York Court of Appeals · 2010
  3. People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. HinesAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. BrightAppellate Division of the Supreme Court of the State of New York · 2009

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

3Cited by5 opinions

  1. People v. LoweryAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. PatronickAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. GorostizaAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. Guallpa-LemaAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. PatronickAppellate Division of the Supreme Court of the State of New York · 2014

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