Legal Opinion

People v. Henry

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

Decided May 8, 2013PublishedCited by 8 opinions

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

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. ShephardAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by8 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. ViolateAppellate Division of the Supreme Court of the State of New York · 2013
  3. JOHNSON, ALVIN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014

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