Summary
This Appellate Division decision affirms the Supreme Court's order designating the defendant as a level three sex offender under New York's Sex Offender Registration Act. The court held that the trial court properly denied the defendant's application for a downward departure from the presumptive risk level, finding that alleged mitigating factors were either adequately considered by the Guidelines or did not warrant a departure. Additionally, the appellate court found the defendant's argument regarding his age unpreserved for review because it was not raised at the SORA hearing.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court erred in denying the defendant's application for a downward departure from the presumptive risk level under SORA.
- Whether the defendant's age factor was preserved for appellate review.
Holdings
- The appellate court affirmed that the Supreme Court properly denied the downward departure because the mitigating factor of age was not preserved for review.
Key quotations
“The defendant's contention that his age of 44 years old at the time of the SORA hearing warrants a downward departure is unpreserved for appellate review, as he failed to raise this factor at the SORA hearing.”
Factual background
Bobby Gadsen was designated a level three sex offender under SORA after a risk‑assessment instrument scored him 185 points. He sought a downward departure based on his age of 44, but the factor was not raised at the hearing.
Procedural history
The Supreme Court, Kings County, after a hearing, assessed the defendant 185 risk points, denied his request for a downward departure, and designated him a level three sex offender. The defendant appealed the decision.