People v. Scala
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, Rockland County (Nelson, J.), dated May 21, 2013, which, after a hearing, designated him a level two sexually violent offender pursuant to Correction Law article 6-C.
Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level one sexually violent offender.
The defendant was assessed 75 points on the risk assessment instrument, rendering him presumptively a level two sex offender. At issue is the assessment of 20 points for a continuing course of sexual contact. Without those…
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