Legal Opinion
People v. Fabara
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 3 opinions
1Opinion of the Court
Although departures from the presumptive risk level determined by the risk assessment instrument are the exception rather than the rule, a departure is warranted where clear and convincing evidence demonstrates the existence of an aggravating or mitigating factor that in kind or degree is not otherwise taken into account by the risk assessment guidelines (see People v Thompson, 31 AD3d 409 [2006]; People v Forney, 28 AD3d 446, 447 [2006]; People v White, 25 AD3d 677 [2006]). Contrary to the defendant’s contention, the Supreme Court’s determination to depart from the presumptive risk level and…
2Cases cited5 opinions
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ForneyAppellate Division of the Supreme Court of the State of New York · 2006
- People v. LeibachAppellate Division of the Supreme Court of the State of New York · 2007
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by3 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2009
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2008