PEOPLE v. DAY

Ind. No. 3871/86. Appeal No. 15178. Case No. 2020-03844.

201 A.D.3d 602 (2022)

157 N.Y.S.3d 726

2022 NY Slip Op 00518

The People of the State of New York, Respondent, v. Kevin Day, Appellant.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Dalourny Nemorin of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jared Wolkowitz of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.


Because defendant committed the offense of criminal possession of stolen property in the third degree before he committed the underlying sex offense, he was correctly assessed five points under risk factor 9 for prior criminal history, notwithstanding that he pleaded guilty and was sentenced for the misdemeanor offense four months after he committed the sex offense. While risk factor 9 assesses higher numbers of points in other situations clearly requiring a particular "conviction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases