People v. Kearns
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.), defendant contends that County Court erred in assessing 25 points against him under risk factor 2, for sexual contact with the victim, and 15 points against him under risk factor 12, for refusal of treatment. We conclude that the court properly determined that defendant was a presumptive level three risk but improvidently exercised its discretion in refusing to grant him a downward departure from that risk level. With respect to…
2Cases cited8 opinions
- People v. BaldiNew York Court of Appeals · 1981
- Chemical Bank v. Von BulowNew York Court of Appeals · 1984
- People v. ReidAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BrewerAppellate Division of the Supreme Court of the State of New York · 2009
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by22 opinions
- People v. BowlesAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GriggAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BrittonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2021
- People v. CarboneAppellate Division of the Supreme Court of the State of New York · 2011
17 more not listed; retrieve them via the Exa API.