AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE LORIO, Appellant.

Ordered that the order is affirmed, without costs or disbursements.

The County Court designated the defendant a level three sex offender based upon the existence of an overriding factor, namely, "a clinical assessment that the [defendant] has a psychological, physical, or organic abnormality that decreases his ability to control impulsive sexual behavior" (Sex Offender Registration Act: Risk Assessment Guidelines Commentary, at 3 [1997 ed]; see generally People v Scott, 288 AD2d 763). Contrary to the defendant's contention, the court's determination was supported by clear and convincing evidence and, therefore, should not be disturbed ( see Correction Law § 168-n; People v Davis, 26 AD3d 364; People v Hegazy, 25 AD3d 675, 676; People v Hines, 24 AD3d 524). The defendant failed to present clear and convincing evidence of special circumstances warranting a downward departure from the presumptive risk level ( see People v Davis, supra; People v Ventura, 24 AD3d 527; People v Guaman, 8 AD3d 545).

Use AI to get other relevant cases.

Comments

STATE v. LORIO
(Feb 27, 2007)