People v. Briggs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, J.P.
In 2009, defendant, a minister, pleaded nolo contendere in Michigan to criminal sexual conduct in the fourth degree and was sentenced to 180 days in jail as the result of his inappropriate sexual contact with an 11-year-old boy. Based upon his relocation to New York, the Board of Examiners of Sex Offenders prepared a risk assessment instrument that presumptively classified defendant as a risk level two sex offender (90 points) in accordance with the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), but recommended an upward departure to risk level…
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