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Fourth Department — Sex Offender Registration Act: People v. Hays
By: Daily Record Staff//December 26, 2012
Fourth Department — Sex Offender Registration Act: People v. Hays
By: Daily Record Staff//December 26, 2012//
Listen to this articleAppellate Division, Fourth Department
Sex Offender Registration Act
Risk Assessment and Determination
People v. Hays
KA 11-01261
Appealed from Oswego County Court
Background: County Court issued an order finding the defendant to be a level two risk under the Sex Offender Registration Act. On appeal, he contended County Court erred in denying his request for a downward departure to level one.
Ruling: Order is affirmed. Downward departure is warranted only where there exists a mitigating factor of a kind or to a degree, not otherwise adequately taken into account by the risk assessment guidelines. An offender’s response to a treatment program can be the basis for a downward departure, but the defendant failed to demonstrate by clear and convincing evidence that he made an exceptional response to sex offender treatment.
Wallace Van C. Auser III for the defendant; Michael G. Cianfarano for Oswego County District Attorney’s Office
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
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- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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