People v. Charache
Cases that cite this one
49 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Wells (Appellate Division of the Supreme Court of New York 2016)
- People v. Ross (Appellate Division of the Supreme Court of New York 2025)
- People v. Eason (Appellate Division of the Supreme Court of New York 2024)
- People v. Roman (Appellate Division of the Supreme Court of New York 2020)
- People v. McKenna (Appellate Division of the Supreme Court of New York 2020)
- People v. Lucero (Appellate Division of the Supreme Court of New York 2020)
- People v. Allen (Appellate Division of the Supreme Court of New York 2019)
- People v. Thompson (Michael) (Appellate Terms of the Supreme Court of New York 2018)
- People v. Aldana (Appellate Division of the Supreme Court of New York 2017)
- People v. Baker (Appellate Division of the Supreme Court of New York 2016)
- People v. Davis (Appellate Division of the Supreme Court of New York 2016)
- People v. Ceja (Appellate Division of the Supreme Court of New York 2016)
- People v. Grabowski (Appellate Division of the Supreme Court of New York 2015)
- People v. Grabowski (Appellate Division of the Supreme Court of New York 2015)
- People v. Wise (Appellate Division of the Supreme Court of New York 2015)
- People v. Kotler (Appellate Division of the Supreme Court of New York 2014)
- 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)
- KOONS, CHEYENNE J., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Bush (Appellate Division of the Supreme Court of New York 2013)
- People v. Bush (Appellate Division of the Supreme Court of New York 2013)
- People v. Koons (Appellate Division of the Supreme Court of New York 2013)
- People v. Koons (Appellate Division of the Supreme Court of New York 2013)
- People v. Game (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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
Following a jury trial, defendant was convicted of one count each of first degree unlawful dealing with a child, first degree sexual abuse and endangering the welfare of a child. In anticipation of his release from prison, the Board of Examiners of Sex Offenders (Board) filed a Risk Assessment Instrument (RAI) that assessed defendant 125 points—a presumptive level three sex offender classification. The Board, however, recommended a downward departure to a level two because defendant completed high school and had no prior criminal history.
County Court agreed with defendant’s sole challenge to the RAI scoring—that 10 points should be deducted under category IV (release environment) because he was to be released with supervision. Thereafter, the People opposed the Board’s downward departure recommendation. The court agreed with the People’s conclusion that the Board’s rationale for departure had “little or no import” on defendant’s actual risk as reflected in the RAI. Thus, the court adhered to a level three classification based on the adjusted 115 points.
On appeal, defendant argued, for the first time, that the People failed to provide him with the statutory 10-day notice of their intent to seek a risk level classification different from the Board’s recommendation (see Correction Law § 168-n [3]). We agree with the Appellate Division, however, that defendant failed to preserve this contention for review, contrary to the holdings of People v Davila (299 AD2d 573 [3d Dept 2002]) and People v MacNeil (283 AD2d 835 [3d Dept 2001]).
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
*831 Order affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.