PEOPLE v. FERRER

2034, 6850/04

69 A.D.3d 513 (2010)

894 N.Y.S.2d 387

2010 NY Slip Op 555

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR FERRER, Appellant.

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

Decided January 26, 2010.


At the SORA classification hearing, defendant introduced expert testimony challenging the accuracy of the risk assessment instrument (RAI) in predicting the risk of recidivism, and presenting other factors that the expert viewed as better predictors of risk. The expert testified, among other things, that New York's RAI is unreliable and is not generally accepted in the scientific community. The expert cited a number of methodological...

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