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original). However, by phrasing that principle in the permissive way—that the absence of indictment "=" be strong evidence (emphasis supplied)—the Legislature conveyed nothing more than the simple fact that there were circumstances under which the absence of formal charges would, in fact, cast doubt on th
45 A.D.3d 429 (1st Dept. 2007) 36 People v. Mingo, 12 N.Y.3d 563 (2009) 36-37, 40 People v. O'Neal, 35 A.D.3d 302 (1st Dept. 2006) 36 People v. Pettigrew, 14 N.Y.3d 406 (2010) 36 People v. Roland, 292 A.D.2d 271 (1st Dept. 2002) 38 People v. Smith, 75 A.D.3d 1112 (4th Dept. 2010) 58 People v. Vas
original). However, by phrasing that principle in the permissive way—that the absence of indictment "=" be strong evidence (emphasis supplied)—the Legislature conveyed nothing more than the simple fact that there were circumstances under which the absence of formal charges would, in fact, cast doubt on th
45 A.D.3d 429 (1st Dept. 2007) 36 People v. Mingo, 12 N.Y.3d 563 (2009) 36-37, 40 People v. O'Neal, 35 A.D.3d 302 (1st Dept. 2006) 36 People v. Pettigrew, 14 N.Y.3d 406 (2010) 36 People v. Roland, 292 A.D.2d 271 (1st Dept. 2002) 38 People v. Smith, 75 A.D.3d 1112 (4th Dept. 2010) 58 People v. Vas
riginal). However, by phrasing that principle in the permissive way—that the absence of indictment "may" be strong evidence (emphasis supplied)—the Legislature conveyed nothing more than the simple fact that there were circumstances under which the absence of formal charges would, in fact, cast doubt on th
hat the risk factors giving rise to the offender's score were supported by "dear and convincing evidence." ,egg Correction Law §168- n(3); People v. Pettigrew, 14 N.Y.3d 406, 408 (2010); People v. O'Neal. 35 A.D.3d 302 (1st Dept 2006). That SORA employs this relatively-relaxed standard, as opposed to proo
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