People v. Hughes

Appellate Division of the Supreme Court of New York

People v. Hughes

71 A.D.3d 579, 898 N.Y.S.2d 835

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

DecidedMarch 25, 2010

StatusPublished

Cited by1 cases

This text of 71 A.D.3d 579 (People v. Hughes) 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. Hughes, 71 A.D.3d 579, 898 N.Y.S.2d 835 (N.Y. Ct. App. 2010).

Pincite

Opinion

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about September 28, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Although we agree with defendant that his correct point score is 70, making him a presumptive risk level one offender, the record supports the court’s alternative finding that an upward departure to level two is warranted. Defendant’s very serious criminal conduct involving an undercover officer posing as a 13-year-old girl, combined with his affinity for child pornography (see People v Liguori, 48 AD3d 773 [2008], lv denied 10 NY3d 711 [2008]), demonstrated a grave danger to children not [580]*580adequately accounted for in the risk assessment instrument. Concur—Tom, J.P., Andrias, Sweeny and Nardelli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about September 28, 2007, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Although we agree with defendant that his correct point score is 70, making him a presumptive risk level one offender, the record supports the court’s alternative finding that an upward departure to level two is warranted. Defendant’s very serious criminal conduct involving an undercover officer posing as a 13-year-old girl, combined with his affinity for child pornography (see People v Liguori, 48 AD3d 773 [2008], lv denied 10 NY3d 711 [2008]), demonstrated a grave danger to children not [580]*580adequately accounted for in the risk assessment instrument. Concur—Tom, J.P., Andrias, Sweeny and Nardelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.3d 579, 898 N.Y.S.2d 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hughes-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack