People v. Lopez

29 Citing cases

  1. People v. Jones

    197 A.D.3d 1348 (N.Y. App. Div. 2021)   Cited 8 times

    The defendant appeals. "In establishing an offender's appropriate risk level under SORA, the People ‘bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence’ " ( People v. Watkins, 168 A.D.3d 1007, 1007–1008, 91 N.Y.S.3d 246, quoting Correction Law § 168–n[3] ; seePeople v. Lopez, 192 A.D.3d 1050, 1050–1051, 141 N.Y.S.3d 314 ). In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders (seePeople v. Lopez, 192 A.D.3d at 1051, 141 N.Y.S.3d 314 ; SORA: Risk Assessment Guidelines and Commentary at 5 [2006] [hereinafter Guidelines]).

  2. People v. Hawkins

    201 A.D.3d 976 (N.Y. App. Div. 2022)   Cited 4 times

    On appeal, the defendant challenges the assessment of points under certain risk factors. "In establishing an offender's appropriate risk level under SORA, the People ‘bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence’ " ( People v. Watkins, 168 A.D.3d 1007, 1007–1008, 91 N.Y.S.3d 246, quoting Correction Law § 168–n[3] ; seePeople v. Lopez, 192 A.D.3d 1050, 1050–1051, 141 N.Y.S.3d 314 ). "In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders" ( People v. Jones, 197 A.D.3d 1348, 1349, 151 N.Y.S.3d 904 ; see People v. Lopez, 192 A.D.3d at 1051, 141 N.Y.S.3d 314 ).

  3. People v. Glosque

    No. 2022-00321 (N.Y. App. Div. Jan. 19, 2022)

    Under risk factor 5 of the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (hereinafter Guidelines), 30 points are assessed if the victim was aged 10 or less, and 20 points are assessed if the victim was aged 11 through 16 (see Guidelines at 11). At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), "the People must prove the facts to support a SORA risk-level classification by clear and convincing evidence" (People v Howard, 27 N.Y.3d 337, 341; see Correction Law § 168-n[3]; People v Mingo, 12 N.Y.3d 563, 571; People v Lopez, 192 A.D.3d 1050, 1050-1051). "In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders" (People v Lopez, 192 A.D.3d at 1051 [internal quotation marks omitted]; see Guidelines at 5; People v Mingo, 12 N.Y.3d at 571-572; People v Welch, 126 A.D.3d 773, 773).

  4. People v. Glosque

    201 A.D.3d 823 (N.Y. App. Div. 2022)   Cited 7 times

    Under risk factor 5 of the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (hereinafter Guidelines), 30 points are assessed if the victim was aged 10 or less, and 20 points are assessed if the victim was aged 11 through 16 (see Guidelines at 11). At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C; hereinafter SORA), "the People must prove the facts to support a SORA risk-level classification by clear and convincing evidence" ( People v. Howard, 27 N.Y.3d 337, 341, 33 N.Y.S.3d 132, 52 N.E.3d 1158 ; see Correction Law § 168–n[3] ; People v. Mingo, 12 N.Y.3d 563, 571, 883 N.Y.S.2d 154, 910 N.E.2d 983 ; People v. Lopez, 192 A.D.3d 1050, 1050–1051, 141 N.Y.S.3d 314 ).

  5. People v. Jones

    No. 2021-05137 (N.Y. App. Div. Sep. 29, 2021)

    "In establishing an offender's appropriate risk level under SORA, the People 'bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence"' (People v Watkins, 168 A.D.3d 1007, 1007-1008, quoting Correction Law § 168-n[3]; see People v Lopez, 192 A.D.3d 1050, 1050-1051). In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders (see People v Lopez, 192 A.D.3d at 1051; SORA: Risk Assessment Guidelines and Commentary at 5 [2006] [hereinafter Guidelines]).

  6. People v. Jones

    No. 2017-10491 (N.Y. App. Div. Sep. 29, 2021)

    "In establishing an offender's appropriate risk level under SORA, the People 'bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence"' (People v Watkins, 168 A.D.3d 1007, 1007-1008, quoting Correction Law § 168-n[3]; see People v Lopez, 192 A.D.3d 1050, 1050-1051). In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders (see People v Lopez, 192 A.D.3d at 1051; SORA: Risk Assessment Guidelines and Commentary at 5 [2006] [hereinafter Guidelines]).

  7. People v. Glosque

    2022 N.Y. Slip Op. 321 (N.Y. Sup. Ct. 2022)

    Under risk factor 5 of the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (hereinafter Guidelines), 30 points are assessed if the victim was aged 10 or less, and 20 points are assessed if the victim was aged 11 through 16 (see Guidelines at 11). At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), "the People must prove the facts to support a SORA risk-level classification by clear and convincing evidence" (People v Howard, 27 N.Y.3d 337, 341; see Correction Law § 168-n[3]; People v Mingo, 12 N.Y.3d 563, 571; People v Lopez, 192 A.D.3d 1050, 1050-1051). "In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders" (People v Lopez, 192 A.D.3d at 1051 [internal quotation marks omitted]; see Guidelines at 5; People v Mingo, 12 N.Y.3d at 571-572; People v Welch, 126 A.D.3d 773, 773).

  8. People v. Glosque

    2022 N.Y. Slip Op. 321 (N.Y. Sup. Ct. 2022)

    Under risk factor 5 of the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (hereinafter Guidelines), 30 points are assessed if the victim was aged 10 or less, and 20 points are assessed if the victim was aged 11 through 16 (see Guidelines at 11). At a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), "the People must prove the facts to support a SORA risk-level classification by clear and convincing evidence" (People v Howard, 27 N.Y.3d 337, 341; see Correction Law § 168-n[3]; People v Mingo, 12 N.Y.3d 563, 571; People v Lopez, 192 A.D.3d 1050, 1050-1051). "In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders" (People v Lopez, 192 A.D.3d at 1051 [internal quotation marks omitted]; see Guidelines at 5; People v Mingo, 12 N.Y.3d at 571-572; People v Welch, 126 A.D.3d 773, 773).

  9. People v. Jones

    2021 N.Y. Slip Op. 5137 (N.Y. Sup. Ct. 2021)

    The defendant appeals. "In establishing an offender's appropriate risk level under SORA, the People 'bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence"' (People v Watkins, 168 A.D.3d 1007, 1007-1008, quoting Correction Law § 168-n[3]; see People v Lopez, 192 A.D.3d 1050, 1050-1051). In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders (see People v Lopez, 192 A.D.3d at 1051; SORA: Risk Assessment Guidelines and Commentary at 5 [2006] [hereinafter Guidelines]).

  10. People v. Jones

    2021 N.Y. Slip Op. 5137 (N.Y. Sup. Ct. 2021)

    The defendant appeals. "In establishing an offender's appropriate risk level under SORA, the People 'bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence"' (People v Watkins, 168 A.D.3d 1007, 1007-1008, quoting Correction Law § 168-n[3]; see People v Lopez, 192 A.D.3d 1050, 1050-1051). In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, and any relevant materials and evidence submitted by the parties, including reliable hearsay evidence, which may come from, among other documents, evaluative reports completed by the supervising probation officer, or case summaries prepared by the Board of Examiners of Sex Offenders (see People v Lopez, 192 A.D.3d at 1051; SORA: Risk Assessment Guidelines and Commentary at 5 [2006] [hereinafter Guidelines]).