Legal Opinion

People v. Helmer

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

Decided June 12, 2009PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

SCUDDER, EJ.

Defendant appeals from an order determining that he is a *69level two risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). The sole issue on appeal is whether the victim was a stranger to defendant for purposes of determining whether defendant should have been assessed 20 points on the risk assessment instrument for risk factor 7, “[Relationship with victim.” For the reasons that follow, we conclude that County Court erred in determining that the People proved by clear and convincing evidence that the victim and defendant were…

2Cases cited3 opinions

  1. People v. TejadaAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. LewisAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. GainesAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by11 opinions

  1. People v. DuartAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. KingAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BirchAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. PowellAppellate Division of the Supreme Court of the State of New York · 2020

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