You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

People v. Schmidt

Citation: 2018 NY Slip Op 7623Docket: 1216 KA 16-01989

Court: Appellate Division of the Supreme Court of the State of New York; November 8, 2018; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

David E. Schmidt, the defendant-appellant, appealed an order from the Monroe County Court that classified him as a level two risk under the Sex Offender Registration Act. The appeal was decided by the Appellate Division, Fourth Department, on November 9, 2018. The court, comprising Justices Centra, Peradotto, Carni, Lindley, and Nemoyer, unanimously affirmed the lower court's decision. The order was entered on August 3, 2016, and no costs were awarded. The case was represented by Timothy P. Donaher from the Public Defender's office for the appellant and Sandra Doorley, the District Attorney, for the respondent. The opinion issued is uncorrected and subject to revision before official publication.

Legal Issues Addressed

Appellate Review

Application: The Appellate Division reviewed and unanimously affirmed the lower court's decision without awarding costs.

Reasoning: The court, comprising Justices Centra, Peradotto, Carni, Lindley, and Nemoyer, unanimously affirmed the lower court's decision.

Classification under the Sex Offender Registration Act

Application: The court affirmed the classification of the defendant-appellant as a level two risk under the Sex Offender Registration Act.

Reasoning: David E. Schmidt, the defendant-appellant, appealed an order from the Monroe County Court that classified him as a level two risk under the Sex Offender Registration Act.

Uncorrected Opinion

Application: The opinion issued by the court is subject to revision before official publication, indicating it is not yet finalized.

Reasoning: The opinion issued is uncorrected and subject to revision before official publication.