People v. Thornton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from an order of the County Court of Rensselaer County (McGrath, J.), entered June 22, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.
The sole issue presented on this appeal is whether County Court’s upward departure from defendant’s presumptive risk level I sex offender status to a risk level III status was proper.* We find that it was and affirm.
A court may order an upward departure when an aggravating or mitigating factor exists which was not otherwise adequately taken into consideration by the risk assessment…
2Cases cited9 opinions
- People v. JoslynAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ArotinAppellate Division of the Supreme Court of the State of New York · 2005
- People v. DickisonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MirandaAppellate Division of the Supreme Court of the State of New York · 2005
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. GauthierAppellate Division of the Supreme Court of the State of New York · 2012
- People v. FiolAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MannAppellate Division of the Supreme Court of the State of New York · 2008
- People v. AdamAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2016
6 more not listed; retrieve them via the Exa API.