People v. Irving, 45 A.D.3d 1389 (N.Y. App. Div. 4th Dep't 2007). · Go Syfert
People v. Irving, 45 A.D.3d 1389 (N.Y. App. Div. 4th Dep't 2007). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Cited for
At page 1389 Including youthful offender adjudications in risk assessment6 citing cases“in the context of the criminal history section of the risk assessment instrument (rai), the term crime includes criminal convictions, youthful offender adjudications and juvenile delinquency findings”1 citing court quotes it · 5 listed here
  • People v. Irizarry, 98 A.D.3d 1193 (N.Y. App. Div. 3d Dep't 2012).published 2 cites
    As for his criminal history, although most of defendant’s numerous past offenses were misdemeanors, he also had a youthful offender adjudication for attempted burglary in the second degree, a class D violent felony, warranting the assessme…
  • People v. Quinones, 91 A.D.3d 1302 (N.Y. App. Div. 4th Dep't 2012).published
    The Board [of Examiners of Sex Offenders] concluded that these determinations are reliable indicators of wrongdoing and, therefore, should be considered in assessing an offender’s likelihood of reoffense and danger to public safety” (Sex O…
  • People v. Long, 81 A.D.3d 1432 (N.Y. App. Div. 4th Dep't 2011).published
    “In the context of the criminal history section of the risk assessment instrument [(RAI)], the term crime includes criminal convictions, youthful offender adjudications and juvenile delinquency findings” (People v Irving, 45 AD3d 1389, 138…
  • People v. Thomas, 59 A.D.3d 783 (N.Y. App. Div. 3d Dep't 2009).published
    “In the context of the criminal history section of the risk assessment instrument, ‘the term “crime” includes criminal convictions, youthful offender adjudications and juvenile delinquency findings’ ” (People v Irving, 45 AD3d 1389, 1389 […
  • People v. Stacconi, 81 A.D.3d 1046 (N.Y. App. Div. 3d Dep't 2011).published
    Although a youthful offender adjudication “is not a conviction, it constitutes a reliable determination that an offender committed the underlying criminal conduct” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary,…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Barry T. Irving
Appellate Division of the Supreme Court of the State of New York.
Nov 9, 2007.
Published opinion
45 A.D.3d 1389
Cited by 10 opinions  |  Published

Appeal from an order of the Oneida County Court (Michael L. Dwyer, J.), entered June 2, 2006. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject the contention of defendant that County Court erred in assessing 30 points against him under the risk factor for the number and nature of prior crimes based on his previous youthful offender adjudication. In the context of the criminal history section of the risk assessment instrument, “the term ‘crime’ includes criminal convictions, youthful offender adjudications and juvenile delinquency findings. The Board [of Examiners of Sex Offenders (Board)] concluded that these determinations are reliable indicators of wrongdoing and therefore should be considered in assessing an offender’s likelihood of reoffense and danger to[*1390] public safety” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 6 [Nov. 1997]). “Although an adjudication as a youthful offender is not a conviction, it constitutes a reliable determination that an offender committed the underlying criminal conduct” (id. at 6 n 6; see People v Compton, 38 AD2d 788 [1972]; see also People v Peterson, 8 AD3d 1124 [2004], lv denied 3 NY3d 607 [2004]).

We reject defendant’s further contention that the court improperly relied on the case summary because it was not signed by a member of the Board. Defendant cites no authority for that contention, and we have previously determined that a case summary contains reliable hearsay upon which the court is entitled to rely (see e.g. People v Castleberry, 43 AD3d 1369 [2007]; People v Ramos, 41 AD3d 1250 [2007], lv denied 9 NY3d 809 [2007]). Present—Hurlbutt, J.P., Gorski, Martoche, Lunn and Peradotto, JJ.