People v. Warren
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 28, 2016, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The County Court properly rejected the defendant’s request for a downward departure from the presumptive risk level. A court determining a defendant’s risk level under the Sex Offender Registration Act (hereinafter SORA) may not downwardly depart from the presumptive risk level unless the defendant first identifies…
2Cases cited4 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LathanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. FerrerAppellate Division of the Supreme Court of the State of New York · 2010
- People v. McFarlandAppellate Division of the Supreme Court of the State of New York · 2011
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