People v. Marsh

Dillon, J.P.,

dissents and votes to affirm the order, with the following memorandum:

I respectfully dissent from the majority’s determination to reverse the order dated October 14, 2011, based upon its conclusion that the Supreme Court should have departed from the presumptive risk level and designated the defendant a level one sex offender pursuant to Correction Law article 6-C.

In a proceeding pursuant to New York’s Sex Offender Registration Act (hereinafter SORA), a court is vested with discretion to downwardly depart from the presumptive risk level only after a defendant makes a two-fold…