People v. Wilcox

Summary

The Appellate Division, Third Department affirmed an order classifying Kyle E. Wilcox as a risk level three sex offender under the Sex Offender Registration Act. The court upheld the assessment of points for establishing a relationship with the victim for purposes of victimization and unsatisfactory conduct while under supervision, declined to reach a challenge to another risk factor, and affirmed the denial of a downward departure. The court also held that the recusal claim was unpreserved.

Holdings

1. The assessment of 20 points under risk factor 7 was supported because defendant used an intentionally developed relationship with the 13-year-old victim to facilitate repeated overnight stays and sexual victimization.
2. The assessment of 10 points under risk factor 13 was proper where defendant's parole was revoked for each of two violations and at least one revocation resulted in a two-year term of incarceration.
3. The court did not reach defendant's challenge to the 20 points assessed under risk factor 4 because, even without those points, defendant would remain a presumptive risk level three sex offender.
4. County Court did not abuse its discretion in denying defendant's request for a downward departure from risk level three.
5. Defendant's claim that the County Court judge should have recused himself was unpreserved because defendant made no motion or objection seeking recusal either in the prior appeal or at the new hearing.

Questions Presented

1. Whether County Court properly assessed 20 points under risk factor 7 for establishing a relationship with the victim for the purpose of victimization.
2. Whether County Court properly assessed 10 points under risk factor 13 for unsatisfactory conduct while under supervision.
3. Whether County Court adequately considered and properly denied defendant's request for a downward departure from a presumptive risk level three classification.
4. Whether defendant preserved his claim that the County Court judge should have recused himself upon remittal.

Disposition

affirmed