People v. Zimmerman
Cases that cite this one
12 later published cases cite this decision.
- People v. Lund (Appellate Division of the Supreme Court of New York 2022)
- People v. Coon (Appellate Division of the Supreme Court of New York 2020)
- People v. DeWoody (Appellate Division of the Supreme Court of New York 2015)
- POLEUN, JAMES R., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Poleun (Appellate Division of the Supreme Court of New York 2014)
- People v. Poleun (Appellate Division of the Supreme Court of New York 2014)
- COGER, BENNIE, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- RAWLINSON, GREGORY, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Rawlinson (Appellate Division of the Supreme Court of New York 2013)
- People v. Rawlinson (Appellate Division of the Supreme Court of New York 2013)
- People v. Coger (Appellate Division of the Supreme Court of New York 2013)
- People v. Coger (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Contrary to the further contention of defendant, the court properly granted the People’s request for an upward departure from the presumptive level two risk based on his score on the risk assessment instrument and assessed him as a level three risk. An upward departure is warranted where, as here, “ ‘there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines’ ” (People v McCollum, 41 AD3d 1187, 1188 [2007], lv denied 9 NY3d 807 [2007]; see People v Perrah, 99 AD3d 1257, 1257 [2012]). The court properly relied upon the facts of the underlying conviction, which involved sexual acts with children in a park during the daytime, and defendant’s prior history of sexual acts with children, in determining that an upward departure to a level three risk was warranted (see Correction Law §§ 168-Z [6] [c]; 168-n [3]; People v Howe, 49 AD3d 1302, 1302 [2008]). Present — Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.