Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

THE PEOPLE OF THE STATE OF NEW YORK, res v. ALEXANDER ROSARIO, def-app

13-101. THE PEOPLE OF THE STATE OF NEW YORK, res v. ALEXANDER ROSARIO, def-app — Order (Jennifer G. Schecter, J.), entered October 3, 2011, affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

13-101. THE PEOPLE OF THE STATE OF NEW YORK, res v. ALEXANDER ROSARIO, def-app — Order (Jennifer G. Schecter, J.), entered October 3, 2011, affirmed.

The record supports the level three sex offender adjudication. Defendant is subject to the presumptive override for a prior felony sex crime conviction, which results in a level three offender adjudication independent of any point assessment (see People v. Fair, 129 AD3d 617 [2015], lv denied 26 NY3d 910 [2015]; People v. Judd, 29 AD3d 431 [2006], lv denied 7 NY3d 709 [2006]). Defendant’s age, 67 years at the time of the hearing, does not warrant a downward departure, given that defendant committed his most recent sex offense at the age of 66 and his prior felony sex crime at age 60 (see People v. McFarland, 120 AD3d 1121, 1122 [2014], lv denied 24 NY3d 1053 [2014]; People v. Beyah, 76 AD3d 917 [2010], lv denied 15 NY3d 716 [2010]). The impact that defendant’s level three designation had on his placement in a treatment program had no bearing on defendant’s risk of a repeat offense or the threat he posed to the public safety (see Correction Law §168 l[5]; People v. McFarland, 120 AD3d at 1122).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Attorney Advisor

Position Title: Attorney Advisor Job ID: 26779 Open To: Public Open Period: ...


Apply Now ›
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have at l...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements