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Fourth Department — Sex Offender Registration Act: People v. Perrah
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Perrah KA 11-01154 Appealed from Monroe County Court Background: County Court adjudicated defendant a level two risk under the Sex Offender Registration Act. On appeal, the defendant contended that County Court erred in making an upward departure from the presumptive level one risk […]
Fourth Department — Sex Offender Registration Act: People v. Mundo
Appellate Division, Fourth Department Sex Offender Registration Act Point Assessment People v. Mundo KA 11-00629 Appealed from Onondaga County Court Background: The defendant appealed from an order determining that he was a level two risk under the Sex Offender Registration Act challenging a 15 point assessment for a history of drug and alcohol abuse. Ruling: […]
Fourth Department — Sex Offender Registration Act: People v. Gosek
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Gosek KA 12-00143 Appealed from Oswego County Court Background: The defendant appealed from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act, contending County Court’s upward departure from his presumptive classification as a level one […]
Fourth Department — Sex Offender Registration Act: People v. Guzman
Appellate Division, Fourth Department Sex Offender Registration Act Assessment of Risk People v. Guzman KA 11-00401 Appealed from Monroe County Court Background: County Court found defendant to be a level two risk under the Sex Offender Registration Act. On appeal he contended that County Court erred in relying upon facts set forth solely in the case […]
Fourth Department — Sex Offender Registration Act: People v. Agarwal
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Agarwal KA 12-00141 Appealed from Cayuga County Court Background: The defendant was adjudicated a Level Two sex offender, which he contested on appeal. The prosecution obtained an upward departure from the presumptive Level One. Ruling: Order is affirmed. The defendant used the Internet […]
Fourth Department — Sex Offender Registration Act : People v. Scott
Appellate Division, Fourth Department Sex Offender Registration Act Notice of Additional Factor People v. Scott KA 11-00404 Appealed from County Court Background: The defendant appealed his adjudication as a Level Three (high risk) offender under the Sex Offender Registration Act. During the SORA hearing, for the first time, the prosecution requested 20 additional points for […]
Fourth Department — Sex Offender Registration Act: People v. Lowery
Appellate Division, Fourth Department Sex Offender Registration Act Alcohol People v. Lowery KA 10-01224 Appealed from Livingston County Court Background: The defendant was found to be a Level III (high) risk under SORA. Part of the findings related to his history of alcohol abuse, and to poor conduct while imprisoned. Ruling: Order is affirmed. The defendant […]
Fourth Department — Sex Offender Registration Act: People v. Inskeep
Appellate Division, Fourth Department Sex Offender Registration Act Risk Assessment Factors People v. Inskeep KA 11-00064 Appealed from Onondaga County Court Background: The defendant was previously convicted of first-degree rape arising from an incident in which he entered a store and began to masturbate in front of a woman working alone late at night. He […]
Fourth Department — Sex Offender Registration Act: People v. Quinones
Appellate Division, Fourth Department Sex Offender Registration Act Risk Assessment Factors People v. Quinones KA 10-02010 Appealed from Monroe County Court Background: County court found the defendant to be a level three risk under the Sex Offender Registration Act. On appeal, the defendant contended the court erred in treating his prior youthful offender adjudication as […]
Fourth Department — Sex Offender Registration Act: People v. Washington
Appellate Division, Fourth Department Sex Offender Registration Act Risk Assessment Factors People v. Washington KA 10-02420 Appealed from Monroe County Court Background: County Court found the defendant to be a level two risk under the Sex Offender Registration Act. On appeal, the defendant contended the court erred in assessing 20 points for establishing a relationship […]
Fourth Department — Sex Offender Registration Act: People v. Gardiner
Appellate Division, Fourth Department Sex Offender Registration Act Assessment of Risk Factors People v. Gardiner KA 10-02430 Appealed from Onondaga County Court Background: County court issued an order finding defendant to be a level three risk under the Sex Offender Registration Act. The defendant was charged with sexually abusing three children, however, he pleaded guilty to […]
Sex Offender Registration Act: People v. Montanez
Appellate Division, Fourth Department Sex Offender Registration Act Drug Use and Previous Convictions People v. Montanez KA 10-01395 Appealed from Supreme Court, Oneida County Background: Under the SORA statute, the defendant was found to be a high risk sex offender, level III. He challenged certain point calculations, including drug and alcohol use and previous criminal […]
Case Digests
- 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
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- 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
- Rochester-area family sues over compromised medical records
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