Summary
The Appellate Division, First Department affirmed the Supreme Court's order designating the defendant as a level three sex offender pursuant to the Sex Offender Registration Act. The court held that the trial court properly exercised its discretion to decline a downward departure to level one and instead granted an upward departure to level three based on the egregious nature of the defendant's possession of extensive child pornography. The appellate court found that the risk assessment instrument underassessed the defendant's risk of reoffense and failed to adequately account for the depravity of the materials involved.
Topics
Practice areas
Questions Presented
- Whether the appellate court should grant a downward departure from the presumptive level two designation to level one
- Whether the appellate court should affirm the upward departure to level three based on the risk assessment instrument and the nature of the material possessed
Holdings
- The court declined to grant a downward departure, affirming the presumptive level two designation and the upward departure to level three.
Key quotations
“The court providently exercised its discretion in declining to grant defendant a downward departure from the presumptive level two designation to level one.” (at 1)
Factual background
Defendant Elroy Robinson, a level three sex offender, was found in possession of more than 5,000 images of child pornography and numerous videos, many depicting horrific acts involving infants and children under ten. He admitted to masturbating to the material.
Procedural history
The Supreme Court, Bronx County entered an order on October 27, 2022, affirming a level three sex offender designation for the defendant. The defendant appealed, arguing for a downward departure to level one.