Legal Opinion

People v. Fessel

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

Decided April 26, 2017No. 2015-07624PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Foley, J.), dated July 30, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The Sex Offender Registration Act: Risk Assessment Guide lines and Commentary (2006) (hereinafter Guidelines) contain four overrides that automatically result in a presumptive risk assessment of level three (see Guidelines at 3-4; People v Champagne, 140 AD3d 719, 719 [2016]). “The People bear the burden of proving the…

2Cases cited7 opinions

  1. People v. ChampagneAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. GordonAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. LobelloAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. BroadusAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. VizcarraAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by4 opinions

  1. People v. McCurdyAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. CerasaroAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. CoxAppellate Division of the Supreme Court of the State of New York · 2018

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