Legal Opinion

People v. Costello

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

Decided December 19, 2006PublishedCited by 9 opinions

1Opinion of the Court

Appeal by the defendant from so much of a judgment of the *755Supreme Court, Queens County (Chin-Brandt, J.), rendered January 12, 2006, as, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the judgment is reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for a new hearing and, thereafter, a new determination on the issue of whether an upward departure from the defendant’s presumptive risk level one classification is…

2Cases cited3 opinions

  1. People v. ForneyAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. HammondsAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. WhalenAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by9 opinions

  1. People v. DeDonaAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. BlueAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. DililloAppellate Division of the Supreme Court of the State of New York · 2016

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