People v. LeBlanc

Summary

The Appellate Division, Third Department affirmed County Court's classification of Russell R. LeBlanc as a risk level three sex offender under New York's Sex Offender Registration Act. The court held that clear and convincing evidence supported assessing points for failure to accept responsibility and drug or alcohol abuse, resulting in a total score of 110 points.

Holdings

1. County Court properly assessed 10 points because LeBlanc's preplea exculpatory statements, later equivocation, and failure to directly accept responsibility constituted clear and convincing evidence that he had not genuinely accepted responsibility for his conduct.
2. County Court properly assessed 15 points because reliable hearsay in the victim's statement and case summary established by clear and convincing evidence that LeBlanc was abusing drugs and alcohol at the time of the offense.
3. The 110-point assessment supported County Court's classification of LeBlanc as a risk level three sex offender.

Questions Presented

1. Whether County Court properly assessed 10 points under SORA risk factor 12 for failure to accept responsibility.
2. Whether County Court properly assessed 15 points under SORA risk factor 11 for drug or alcohol abuse.
3. Whether the resulting 110-point assessment supported classification as a risk level three sex offender.

Disposition

affirmed