Legal Opinion

People v. Rodriguez

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

Decided July 22, 2015PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated May 26, 2015, 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.

In establishing an offender’s appropriate risk level under the Sex Offender Registration Act (see Correction Law art 6-C *898[hereinafter SORA]), “[t]he People ‘bear the burden of proving the facts supporting the determinations’ by clear and convincing…

2Cases cited7 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. PettigrewNew York Court of Appeals · 2010
  3. People v. PalmerNew York Court of Appeals · 2013
  4. People v. AlemanyNew York Court of Appeals · 2009
  5. People v. MarshAppellate Division of the Supreme Court of the State of New York · 2014

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

3Cited by5 opinions

  1. People v. PearceAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. PatelAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. LuyAppellate Division of the Supreme Court of the State of New York · 2025
  5. People v. UphaelAppellate Division of the Supreme Court of the State of New York · 2016

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