Summary
This Appellate Division, First Department decision affirms the Supreme Court's determination classifying Victor Augustus as a level two sexually violent offender under New York's Sex Offender Registration Act. The court upheld the point assessment for prior sex crimes and recency, finding support in his forcible touching conviction. It also rejected claims regarding other risk factor assessments, noting they would not alter the presumptive risk level and were supported by clear and convincing evidence of victim injury.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division erred in assessing risk points under risk factor 1 for the Sex Offender Registration Act.
- Whether the assessment of points under risk factors 9 and 10 was proper based on the defendant's prior conviction.
Holdings
- The assessment was proper and supported by clear and convincing evidence that the victim suffered physical injury.
- The court correctly assessed 30 points under risk factor 9 and 10 points under risk factor 10 based on the defendant's prior sex crime and its recency.
- The appeal is affirmed.
Key quotations
“The court correctly assessed 30 points and 10 points under risk factors 9 and 10, respectively, for a prior sex crime and the recency of the prior sex crime, based on defendant's prior conviction of forcible touching, a misdemeanor sex crime for purposes of these risk factors.” (at 1)
Factual background
Victor Augustus was adjudicated a level two sexually violent offender based on a prior conviction of forcible touching, a misdemeanor sex crime. The Appellate Division assessed risk points under factors 9, 10, and 1, finding clear and convincing evidence that the victim suffered physical injury.
Procedural history
The Supreme Court, Bronx County entered an order on November 16, 2021 adjudicating the defendant a level two sexually violent offender. The Appellate Division, First Department reviewed the order and affirmed it.