People v. Burgos

Appellate Division of the Supreme Court of New York

People v. Burgos

32 A.D.3d 1289, 821 N.Y.S.2d 528

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 2006

StatusPublished

Cited by1 cases

This text of 32 A.D.3d 1289 (People v. Burgos) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Burgos, 32 A.D.3d 1289, 821 N.Y.S.2d 528 (N.Y. Ct. App. 2006).

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Opinion

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 6, 2005. 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: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant challenges only the assessment of 20 points. Even absent those 20 points, defendant’s total risk factor score results in a presumptive risk level classification of level three, and defendant failed to establish his entitlement to a downward departure from the presumptive risk level (see People v Hamelinck, 23 AD3d 1060 [2005]). Present — Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.

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Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 6, 2005. 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: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant challenges only the assessment of 20 points. Even absent those 20 points, defendant’s total risk factor score results in a presumptive risk level classification of level three, and defendant failed to establish his entitlement to a downward departure from the presumptive risk level (see People v Hamelinck, 23 AD3d 1060 [2005]). Present — Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.

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Bluebook (online)

32 A.D.3d 1289, 821 N.Y.S.2d 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burgos-nyappdiv-2006.

Opinion

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