People v. Barber
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 *661County (Molea, J.), entered January 18, 2005, which, pursuant to Correction Law article 6-C, designated him a level two sex offender.
Ordered that the order is affirmed, without costs or disbursements.
Although departures from the presumptive risk level determined by the risk assessment instrument are the exception rather than the rule (see People v White, 25 AD3d 677 [2006]; People v Dexter, 21 AD3d 403, 404 [2005]), a departure is warranted where clear and convincing evidence demonstrates the existence of an aggravating…
2Cases cited7 opinions
- People v. DexterAppellate Division of the Supreme Court of the State of New York · 2005
- People v. HinesAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RolandAppellate Division of the Supreme Court of the State of New York · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. DeDonaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MarinAppellate Division of the Supreme Court of the State of New York · 2008
- People v. VelardoAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.