Legal Opinion

People v. Johnson

New York Court of Appeals

Decided November 24, 2008PublishedCited by 267 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

This case requires us to consider one of the risk factors used by the Board of Examiners of Sex Offenders (Board) to help courts assess the danger that convicted sex offenders pose to the community. Defendant, whose crime consists of possessing pornographic images of children, argues that the Board’s factor 7, indicating an increased level of risk when a crime “was directed at a stranger,” should be interpreted in a way that makes it inapplicable to his case.

Defendant’s proposed reading of factor 7 is a strained one, and we reject it. It may well be that, in cases…

2Cases cited5 opinions

  1. New York v. FerberSupreme Court of the United States · 1982
  2. North v. Board of ExaminersNew York Court of Appeals · 2007
  3. New York State Board of Examiners of Sex Offenders v. RansomAppellate Division of the Supreme Court of the State of New York · 1998
  4. Vandover v. CzajkaAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by267 opinions

  1. People v. GillottiNew York Court of Appeals · 2014
  2. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. ChampagneAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. KnoxNew York Court of Appeals · 2009
  5. People v. DeDonaAppellate Division of the Supreme Court of the State of New York · 2012

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