Legal Opinion

People v. Kost

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

Decided March 1, 2011PublishedCited by 19 opinions

1Opinion of the Court

The County Court’s designation of the defendant as a level three sexually violent offender under the Sex Offender Registration Act (hereinafter SORA) was supported by clear and convincing evidence (see Correction Law § 168-n [3]). Contrary to the defendant’s contention, he was properly assessed 30 points under risk factor 1 for having been armed with a dangerous instrument during the commission of the underlying offense (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 7-8 [2006]). In establishing a defendant’s risk level assessment pursuant to SORA, “the…

2Cases cited5 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. HewittAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. CopelandAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by19 opinions

  1. People v. DashAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. WellsAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. GorostizaAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2022

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