People v. Henry
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (D’Emic, J.), dated December 9, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A court has the discretion to downwardly depart from the presumptive risk level in a proceeding pursuant to New York’s Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]) only after a defendant makes a twofold showing. First, a defendant must identify, as a matter of law, an appropriate…
2Cases cited2 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ShephardAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by8 opinions
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- JOHNSON, ALVIN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014
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