5 New York opinions name it 1 courts 2008–2021 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Hackelgreen1 sentence2021By order entered February 20, 2019, County Court classified defendant as a risk level two sex offender, prompting this appeal. [FN1] Based upon our review of the record, we are satisfied that the People met their burden of "establish[ing] the risk level classification by clear and convincing evidence" ( People v Hackel , 185 AD3d 1118, 1119 [2020] [internal quotation marks and citation omitted]; see People v Benton , 185 AD3d 1103, 1104 [2020], lv denied 35 NY3d 916 [2020]; People v Munafo , 119 AD3d 1102, 1102 [2014]). | 1 | 1 |
People v. Bentongreen1 sentence2021By order entered February 20, 2019, County Court classified defendant as a risk level two sex offender, prompting this appeal. [FN1] Based upon our review of the record, we are satisfied that the People met their burden of "establish[ing] the risk level classification by clear and convincing evidence" ( People v Hackel , 185 AD3d 1118, 1119 [2020] [internal quotation marks and citation omitted]; see People v Benton , 185 AD3d 1103, 1104 [2020], lv denied 35 NY3d 916 [2020]; People v Munafo , 119 AD3d 1102, 1102 [2014]). | 1 | 1 |
People v. Munafogreen1 sentence2021By order entered February 20, 2019, County Court classified defendant as a risk level two sex offender, prompting this appeal. [FN1] Based upon our review of the record, we are satisfied that the People met their burden of "establish[ing] the risk level classification by clear and convincing evidence" ( People v Hackel , 185 AD3d 1118, 1119 [2020] [internal quotation marks and citation omitted]; see People v Benton , 185 AD3d 1103, 1104 [2020], lv denied 35 NY3d 916 [2020]; People v Munafo , 119 AD3d 1102, 1102 [2014]). | 1 | 1 |
People v. Poolegreen1 sentence2020That concern notwithstanding, which "may be addressed through the discretionary downward departure process," there is no question that "the risk assessment guidelines permit imposing points under the cited risk factors" ( People v Coe , 167 AD3d 1175 , 1177 [2018]), that the children depicted in pornographic images count as separate victims for purposes of risk factor 3 and that points may be assessed under risk factor 7 when "the victimized children portrayed in the images possessed by [the] defendant were strangers to him [or her]" ( People v Graziano , 140 AD3d 1541, 1542 [2016], lv denied | 1 | 1 |
People v. Saundersgreen1 sentence2020The People bear the burden of establishing the appropriate risk level classification by clear and convincing evidence ( see People v Phillips , 177 AD3d 1108 , 1109 [2019]; People v Bush , 172 AD3d 1827 , 1828 [2019]; People v Hinson , 170 AD3d 1385 , 1386 [2019]) and, to that end, may rely upon the RAI and accompanying case summary, as well as the presentence investigation report and any statements provided by the victim(s) to law enforcement ( see People v George , 177 AD3d 1045 , 1045 [2019], lv denied 35 NY3d 901 [2020]; People v Liddle , 159 AD3d 1286 , 1286 [2018], lv denied 32 NY3d 905 | 1 | 1 |
People v. Grazianogreen1 sentence2020That concern notwithstanding, which "may be addressed through the discretionary downward departure process," there is no question that "the risk assessment guidelines permit imposing points under the cited risk factors" ( People v Coe , 167 AD3d 1175 , 1177 [2018]), that the children depicted in pornographic images count as separate victims for purposes of risk factor 3 and that points may be assessed under risk factor 7 when "the victimized children portrayed in the images possessed by [the] defendant were strangers to him [or her]" ( People v Graziano , 140 AD3d 1541, 1542 [2016], lv denied | 1 | 1 |
People v. Ashleygreen1 sentence2008In light of our determination that the upward departure herein was proper, we do not reach defendant’s arguments regarding the points assessed under risk factors 5 and 12 (see generally People v Jackson, 47 AD3d 1135, 1136 [2008], lv denied 10 NY3d 709 [2008]; People v Ashley, 19 AD3d 882, 883 [2005]). | 1 | 1 |
People v. Jacksongreen1 sentence2008In light of our determination that the upward departure herein was proper, we do not reach defendant’s arguments regarding the points assessed under risk factors 5 and 12 (see generally People v Jackson, 47 AD3d 1135, 1136 [2008], lv denied 10 NY3d 709 [2008]; People v Ashley, 19 AD3d 882, 883 [2005]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Gillotti
green
2 sentences2020The People bear the burden of establishing the appropriate risk level classification by clear and convincing evidence ( see People v Phillips , 177 AD3d 1108 , 1109 [2019]; People v Bush , 172 AD3d 1827 , 1828 [2019]; People v Hinson , 170 AD3d 1385 , 1386 [2019]) and, to that end, may rely upon the RAI and accompanying case summary, as well as the presentence investigation report and any statements provided by the victim(s) to law enforcement ( see People v George , 177 AD3d 1045 , 1045 [2019], lv denied 35 NY3d 901 [2020]; People v Liddle , 159 AD3d 1286 , 1286 [2018], lv denied 32 NY3d 905 2020Nevertheless, at the SORA hearing, the People established, by clear and convincing evidence, that there were aggravating factors of a kind, or to a degree, not otherwise adequately taken into account by the Guidelines such that any presumptive designation other than level three would result in an underassessment of the defendant's risk of reoffense and danger to the community ( see Guidelines at 4; People v Gillotti , 23 NY3d 841, 861 ; People v Worley , 57 AD3d 753, 754 ). | 2 | 2020–2020 |
People v. Worley
green
1 sentence2020Nevertheless, at the SORA hearing, the People established, by clear and convincing evidence, that there were aggravating factors of a kind, or to a degree, not otherwise adequately taken into account by the Guidelines such that any presumptive designation other than level three would result in an underassessment of the defendant's risk of reoffense and danger to the community ( see Guidelines at 4; People v Gillotti , 23 NY3d 841, 861 ; People v Worley , 57 AD3d 753, 754 ). | 1 | 2020–2020 |
Weichert v. Village of Parish
green
1 sentence2020That concern notwithstanding, which "may be addressed through the discretionary downward departure process," there is no question that "the risk assessment guidelines permit imposing points under the cited risk factors" ( People v Coe , 167 AD3d 1175 , 1177 [2018]), that the children depicted in pornographic images count as separate victims for purposes of risk factor 3 and that points may be assessed under risk factor 7 when "the victimized children portrayed in the images possessed by [the] defendant were strangers to him [or her]" ( People v Graziano , 140 AD3d 1541, 1542 [2016], lv denied | 1 | 2020–2020 |
People v. Angelo
green
1 sentence2018Since the defendant did not object to the designation on the grounds he now raises, I agree with the majority that the defendant's contentions are unpreserved for appellate review ( see People v Benitez, 140 AD3d 1140 ; People v Angelo, 3 AD3d 482 ), and that we should decline to reach them in the exercise of our interest of justice jurisdiction. | 1 | 2018–2018 |
People v. Benitez
green
1 sentence2018Since the defendant did not object to the designation on the grounds he now raises, I agree with the majority that the defendant's contentions are unpreserved for appellate review ( see People v Benitez, 140 AD3d 1140 ; People v Angelo, 3 AD3d 482 ), and that we should decline to reach them in the exercise of our interest of justice jurisdiction. | 1 | 2018–2018 |