Legal Opinion
People v. Ledbetter
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2011PublishedCited by 5 opinions
1Opinion of the Court
Contrary to the defendant’s contention, the People established by clear and convincing evidence the applicability of the fourth override, namely, that there has been “a clinical assessment that the offender has a psychological, physical, or organic abnormality that decreases his ability to control impulsive sexual behavior” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Martin, 79 AD3d 717 [2010]). The defendant was diagnosed with pedophilia and, accordingly, an override to a level three designation was appropriate (see People v Hoffman,…
2Cases cited3 opinions
- People v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2009
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- People v. LongAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LagvilleAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2016
- SCHWARTZ, DONALD, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016