Legal Opinion
People v. McFarland
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2014No. 5329/02 12996PublishedCited by 24 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Daniel P Conviser, J.), entered on or about June 21, 2012, which granted defendant’s Correction Law § 168-0 (2) petition and modified his sex offender classification from a level three sexually violent offender to level two, unanimously reversed, on the law, without costs, the petition denied, and defendant’s original classification reinstated.
While we recognize that a court has discretion to grant a modification of a sex offender classification, the court improvidently exercised such discretion in this case. Defendant failed to meet his burden under…
2Cases cited2 opinions
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by24 opinions
- People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HaydenAppellate Division of the Supreme Court of the State of New York · 2016
- People v. McClintonAppellate Division of the Supreme Court of the State of New York · 2017
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