Legal Opinion

People v. James

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

Decided October 10, 2012Published

1Opinion of the Court

The County Court properly assessed the defendant 10 points under risk factor 10 of the Sex Offender Registration Act Guidelines (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary [2006] [hereinafter SORA Guidelines]), based on the recency of a prior felony committed by the defendant. The People established, by clear and convincing evidence, consisting of the case summary and his presentence report, that the defendant had been released from prison to parole for a felony conviction in Maryland less than three years before he committed the sex offenses underlying the…

2Cases cited14 opinions

  1. People v. MingoNew York Court of Appeals · 2009
  2. People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. FortinAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. HeichelAppellate Division of the Supreme Court of the State of New York · 2005

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