People v. Mikalonis

Summary

The Appellate Division, Third Department, reversed an order classifying Daniel Mikalonis as a risk level two sex offender under the Sex Offender Registration Act. The court held that although the assessment of points for substance abuse was supported, Mikalonis demonstrated an exceptional response to treatment and was therefore entitled to a downward departure and classification as a risk level one sex offender.

Holdings

1. The assessment of 15 points for defendant's history of drug or alcohol abuse was supported by clear and convincing evidence because his frequent daily marijuana use continued through the period of the offense and was not merely social or occasional use.
2. A downward departure was warranted because defendant demonstrated, by a preponderance of the evidence, an exceptional response to sex-offender treatment, considered together with the record as a whole and the People's initial stipulation to risk level one.

Questions Presented

1. Whether the assessment of 15 points under SORA risk factor 11 for a history of drug or alcohol abuse was supported by clear and convincing evidence.
2. Whether defendant demonstrated an exceptional response to treatment and other mitigating circumstances warranting a downward departure from the presumptive SORA risk classification.

Disposition

reversed