Legal Opinion

People v. Carbone

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

Decided November 10, 2011PublishedCited by 6 opinions

1Opinion of the Court

Memorandum:

Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), an upward departure from the presumptive level two risk pursuant to the risk assessment instrument (RAI) score. Contrary to defendant’s contention, Supreme Court did not abuse its discretion in refusing to grant a third adjournment to enable his attorney to obtain additional records from his inmate file. Even assuming, arguendo, that additional records would have supported defendant’s contention that he should not have been assessed…

2Cases cited5 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. SherardAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. KearnsAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. MayAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. HueberAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by6 opinions

  1. People v. BenitezAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. MontesAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. WestfallAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. WestfallAppellate Division of the Supreme Court of the State of New York · 2014

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