Legal Opinion
People v. Abdul-Qawiyy
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 2 opinions
1Opinion of the Court
A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind or to a degree, not otherwise adequately taken into ac*704count by the guidelines” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006 ed]; see People v White, 25 AD3d 677 [2006]; People v Guaman, 8 AD3d 545 [2004]). Further, there must be clear and convincing evidence of the existence of a special circumstance to warrant any departure (see People v Dexter, 21 AD3d 403, 404 [2005]). Here, the Supreme Court’s determination to depart from the…
2Cases cited8 opinions
- People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DexterAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MuddAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BussAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by2 opinions
- People v. TwymanAppellate Division of the Supreme Court of the State of New York · 2009
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2010