Opinion · Appellate Division of the Supreme Court of the State of New York
People v. Collins
People v. Collins, 104 A.D.3d 1220 (Appellate Division of the Supreme Court of the State of New York 2013)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 2013-03-15
- Topic
- general
Appeal from an order of the Ontario County Court (William F. Kocher, J.), dated November 21, 2011. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.).
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- Cited by
- 1 opinion
Appeal from an order of the Ontario County Court (William F. Kocher, J.), dated November 21, 2011. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Based on the risk assessment instrument prepared by the Board of Examiners of Sex Offenders, defendant was presumptively classified as a level one risk based on his total risk factor score. Following a SORA hearing, however, County Court determined that an upward departure to a level two risk was warranted. We reject defendant’s contention that the court’s upward departure is not supported by the requisite clear and convincing evidence (see § 168-n [3]). The presentence report contained evidence that de