People v. Robertson, 101 A.D.3d 1671 (N.Y. App. Div. 2012). · Go Syfert
People v. Robertson, 101 A.D.3d 1671 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Taylor (nyappdiv, 2021-10-08)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2021 · confidence medium
We reject defendant's contention that Supreme Court erred in assessing 20 points against him under risk factor 3 for having two victims. " '[I]t is well settled that, in determining the number of victims for SORA purposes, the hearing court is not limited to the crime of which defendant was convicted' " ( People v Robertson , 101 AD3d 1671, 1671 [4th Dept 2012]; see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]; People v Gardiner , 92 AD3d 1228, 1229 [4th Dept 2012], lv denied 19 NY3d 801 [2012]).
discussed Cited as authority (rule) People v. Vasquez
N.Y. App. Div. · 2017 · confidence medium
We reject defendant’s further contentions that the court erred in assessing 20 points against him under risk factor 3, for having two victims, and 30 points against him under risk factor 5, for the victims being under 10 years of age. “[I]t is well settled that, in determining the number [and age] of victims for SORA purposes, the hearing court is not limited to the crime of which defendant was convicted” (People v Robertson, 101 AD3d 1671, 1671 [2012]).
discussed Cited as authority (rule) People v. Vasquez
N.Y. App. Div. · 2017 · confidence medium
We reject defendant’s further contentions that the court erred in assessing 20 points against him under risk factor 3, for having two victims, and 30 points against him under risk factor 5, for the victims being under 10 years of age. “[I]t is well settled that, in determining the number [and age] of victims for SORA purposes, the hearing court is not limited to the crime of which defendant was convicted” (People v Robertson, 101 AD3d 1671, 1671 [2012]).
discussed Cited as authority (rule) People v. Vasquez
N.Y. App. Div. · 2017 · confidence medium
We reject defendant’s further contentions that the court erred in assessing 20 points against him under risk factor 3, for having two victims, and 30 points against him under risk factor 5, for the victims being under 10 years of age. “[I]t is well settled that, in determining the number [and age] of victims for SORA purposes, the hearing court is not limited to the crime of which defendant was convicted” (People v Robertson, 101 AD3d 1671, 1671 [2012]).
discussed Cited as authority (rule) People v. Current
N.Y. App. Div. · 2017 · confidence medium
The guidelines and commentary clearly provide, however, that the assessment of points under risk factor 8 requires a criminal conviction or adjudication (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 6-7, 13 [2006]; People v Robertson, 101 AD3d 1671, 1672 [2012]).
discussed Cited "see" People v. Filkins
N.Y. App. Div. · 2015 · signal: see · confidence high
As we noted when this matter was last before us, points are assessed under risk factor 8 “when offenses are committed by those 20 [years old] or less” (107 AD3d at 1070 [internal quotation marks and citation omitted]; see People v Robertson, 101 AD3d 1671, 1672 [2012]).
discussed Cited "see" People v. Filkins
N.Y. App. Div. · 2013 · signal: see · confidence high
We also conclude that defendant was properly assessed 10 points for risk factor 8, “[a]ge at first act of sexual misconduct,” as defendant was 19 years of age at the time of the offense and points are assessed when offenses are committed by those “20 or less” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 13; see People v Robertson, 101 AD3d 1671, 1672 [2012]).
discussed Cited "see" People v. Filkins
N.Y. App. Div. · 2013 · signal: see · confidence high
We also conclude that defendant was properly assessed 10 points for risk factor 8, “[a]ge at first act of sexual misconduct,” as defendant was 19 years of age at the time of the offense and points are assessed when offenses are committed by those “20 or less” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 13; see People v Robertson, 101 AD3d 1671, 1672 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Keegan Robertson
Appellate Division of the Supreme Court of the State of New York.
Dec 21, 2012.
101 A.D.3d 1671
Cited by 13 opinions  |  Published

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). We reject defendant’s contention that County Court erred in assessing 30 points against him under risk factor 3, for having three or more victims. “[I]t is well settled that, in determining the number of victims for SORA purposes, the hearing court is not limited to the crime of which defendant was convicted” (People v Gardiner, 92 AD3d 1228, 1229 [2012], lv denied 19 NY3d 801 [2012]). Here, the court properly considered “reliable hearsay evidence,” including defendant’s statements to the police, in[*1672] determining the number of victims (§ 168-n [3]; see People v Christie, 94 AD3d 1263, 1263 [2012], lv denied 19 NY3d 808 [2012]).

The court also properly denied defendant’s request for a downward departure from his presumptive risk level based upon his young age at the time of the underlying offenses. A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the [risk assessment] guidelines” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Cummings, 81 AD3d 1261, 1262 [2011], lv denied 16 NY3d 711 [2011]). Here, the guidelines adequately addressed defendant’s age when he committed his first sex crime, and the court properly assessed 10 points under risk factor 8 because, at age 20 or less, he committed a sex offense that resulted in an adjudication or a conviction of a sex crime. Present — Scudder, P.J., Fahey, Carni, Lindley and Sconiers, JJ.