Appellate Division Lowers Sex Offender Designation
November 30, 2016
The defendant was designated a Level Two sex offender under the Sex Offender Registration Act (“SORA”) by the trial court based in part on its assessment of 30 points given its finding that he was armed with a dangerous instrument during the incident for which he was originally convicted.
In a decision dated November 30, 2016, the Appellate Division, Second Department, reversed the trial court and designated him a Level One sex offender. As the People conceded on appeal, they failed to prove at the SORA hearing that the defendant was in fact armed with a dangerous instrument, since he possessed only a BB gun and there was no evidence that it was loaded and operable, that he threatened the complainants with it, or that it was used to cause harm. Absent the 30 points for that assessment, the defendant was only a Level One offender.
Dina Zloczower briefed the defendant's appeal at the Appellate Division.