People v. Fyall

Appellate Division of the Supreme Court of New York

People v. Fyall

64 A.D.3d 417, 881 N.Y.S.2d 296

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

DecidedJuly 2, 2009

StatusPublished

This text of 64 A.D.3d 417 (People v. Fyall) 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. Fyall, 64 A.D.3d 417, 881 N.Y.S.2d 296 (N.Y. Ct. App. 2009).

Pincite

Opinion

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 20, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Clear and convincing evidence supported the assessment of 15 points for the risk factor of drug or alcohol abuse. With this [418]*418assessment, defendant qualifies as a level three offender without an upward departure. In any event, the record also supports the court’s upward departure, based on aggravating factors that were established by clear and convincing evidence and were not adequately taken into account by the risk assessment instrument (see e.g. People v Sullivan, 46 AD3d 285 [2007], lv denied 10 NY3d 704 [2008]). Concur—Gonzalez, PJ., Tom, Mazzarelli, Andrias and Saxe, JJ.

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Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 20, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Clear and convincing evidence supported the assessment of 15 points for the risk factor of drug or alcohol abuse. With this [418]*418assessment, defendant qualifies as a level three offender without an upward departure. In any event, the record also supports the court’s upward departure, based on aggravating factors that were established by clear and convincing evidence and were not adequately taken into account by the risk assessment instrument (see e.g. People v Sullivan, 46 AD3d 285 [2007], lv denied 10 NY3d 704 [2008]). Concur—Gonzalez, PJ., Tom, Mazzarelli, Andrias and Saxe, JJ.

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Bluebook (online)

64 A.D.3d 417, 881 N.Y.S.2d 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fyall-nyappdiv-2009.