Legal Opinion

People v. Cohen

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

Decided May 18, 2010PublishedCited by 9 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Rockland County (Alfieri, J.), dated March 5, 2009, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level one sex offender.

Although a court is empowered to exercise its discretion and depart from the presumptive risk level based upon facts in the *1004record, it has been recognized that utilization of the risk assessment instrument will generally “ ‘result in the proper…

2Cases cited6 opinions

  1. People v. InghilleriAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. BurgosAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. HegazyAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. LyonsAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. CoffeyAppellate Division of the Supreme Court of the State of New York · 2007

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. DeDonaAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. HenryAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. KotlerAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. OctoberAppellate Division of the Supreme Court of the State of New York · 2012

4 more not listed; retrieve them via the Exa API.

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