PEOPLE v. FERRER (2006)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jose FERRER, Defendant-Appellant.

Decided: December 21, 2006

TOM, J.P., MARLOW, WILLIAMS, GONZALEZ, CATTERSON, JJ.

Steven Banks, The Legal Aid Society, New York (Karen M. Kalikow of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about May 19, 2005, which, to the extent appealed from as limited by the brief, adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.

The hearing court properly determined that the risk assessment instrument failed to adequately take into account the paternal relationship between defendant and the victim, that the victim was helpless when left home alone with defendant, and that defendant threatened the victim with the use of a gun. These aggravating factors were not duplicative of the factors relied upon in the risk assessment instrument and guidelines, and they supported the discretionary upward departure by the court to a level three adjudication (see People v. Joslyn, 27 A.D.3d 1033, 811 N.Y.S.2d 807 [2006]; People v. O'Flaherty, 23 A.D.3d 237, 806 N.Y.S.2d 11 [2005], lv. denied 6 N.Y.3d 705, 812 N.Y.S.2d 34, 845 N.E.2d 466 [2005] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network