New York Court of Appeals
The People of the State of New York v. Michael Palmer, Appellant the People of the State of New York v. Cornell Long
February 12, 201320 N.Y.3d 373
Summary
The Court held that under the Sex Offender Registration Act, the People must prove by clear and convincing evidence that a defendant has a history of drug or alcohol abuse or was abusing at the time of the offense; mere occasional social drinking is insufficient. Accordingly, the Appellate Division orders assessing 15 points for alcohol use in both Palmer and Long were reversed and the matters remitted for further proceedings.