People v. Picariello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Westchester County (Cacace, J.), dated August 26, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), “the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought” (People v Eaton, 105 AD3d 722, 723 [2013]; see…
2Cases cited7 opinions
- People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2011
- People v. EatonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. UphaelAppellate Division of the Supreme Court of the State of New York · 2016
- People v. DuartAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
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- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2018
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2018