People v. Jordan
Cases that cite this one
3 later published cases cite this decision.
- People v. Anderson (Appellate Division of the Supreme Court of New York 2017)
- People v. White (Appellate Division of the Supreme Court of New York 2016)
- People v. Robinson (Appellate Division of the Supreme Court of New York 2016)
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
— Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated September 23, 2014, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A court determining a defendant’s risk level under the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) is not permitted to downwardly depart from the presumptive risk level unless the defendant first identifies and proves the presence of “a mitigating factor of a kind, or to a degree, that is not otherwise adequately taken into account by the SORA Guidelines” (People v Lathan, 129 AD3d 686, 687 [2015] [internal quotation mark omitted]; see SORA: Risk Assessment Guidelines and Commentary at 4 [2006]). Here, the defendant failed to prove the existence of such a mitigating factor (see People v Lathan, 129 AD3d at 687; People v Ciudadreal, 125 AD3d 950, 950 [2015]). Accordingly, the Supreme Court correctly denied his request for a downward departure from his presumptive risk level (see People v Lathan, 129 AD3d at 687).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.