In adjudicating defendant a level two sex offender, the court properly assessed points under the "forcible compulsion" and "deviate sexual intercourse" categories of the Risk Assessment Guidelines. This determination was supported by clear and convincing evidence. The grand jury minutes were "reliable hearsay evidence" (Correction Law § 168-n), and constituted a proper basis for the court's findings ( see People v. Dort, 18 AD3d 23, 25, lv denied 4 NY3d 885). We perceive no basis for a discretionary downward departure ( see People v. Guaman, 8 AD3d 545).
N.Y. App. Div.
(May 2, 2006)
Copy Cite
29 A.D.3d 308
2006 NY Slip Op 03452
813 N.Y.S.2d 299
Case Information
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR QUINTANA, Appellant.
This is a paid feature.
Please subscribe to download the judgment.
Please subscribe to download the judgment.
Size
= Directly proportional to the number of citations
Color = Jurisdiction
U.S. Supreme Court
State Supreme Court
Court of Appeals
District Courts
Line Incoming
= Cited by Outgoing =
Cites
Use AI to get other relevant cases.
Comments