People v. Henry
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
“A court has the discretion to depart from the presumptive risk level based upon the facts in the record, but a departure from the presumptive risk level is warranted only where ‘there exists an aggravating factor or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the [Sex Offender Registration Act (hereinafter SORA)] guidelines’ ” (People v Riley, 85 AD3d 1141, 1141 [2011], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see Correction Law art 6-C; People v Cohen, 73 AD3d 1003, 1004 [2010];…
2Cases cited8 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. JoslynAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RiosAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by18 opinions
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- People v. KotlerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. OctoberAppellate Division of the Supreme Court of the State of New York · 2012
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