Legal Opinion

People v. Busby

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

Decided March 27, 2009PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of the Erie County Court (Thomas P Amodeo, A.J.), entered December 20, 2007. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

*1456Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We agree with defendant that County Court’s assessment of 20 points under the risk factor based on the victim’s alleged mental disability is not…

2Cases cited5 opinions

  1. People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. VaughnAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. RamosAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. MarksAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by3 opinions

  1. People v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2016
  3. SCHWARTZ, DONALD, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016

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