People v. Greene

Summary

The Appellate Division, First Department unanimously affirmed an order adjudicating Dasheim Greene a level two sex offender under the Sex Offender Registration Act. The court upheld the assessment of risk-factor points and declined to grant a downward departure.

Holdings

1. The assessment of 30 points under risk factor 3 was proper because clear and convincing evidence established that defendant victimized three young girls by sexually exploiting them for his personal gain.
2. The assessment of points under risk factor 7 was proper because the evidence clearly established that defendant at least promoted the relationship for purposes of victimization, regardless of the circumstances under which the parties met.
3. The SORA court providently exercised its discretion in declining to grant a downward departure, and defendant provided no basis for the Appellate Division to exercise its own discretion to grant one.

Questions Presented

1. Whether the assessment of 30 points under SORA risk factor 3 was supported by clear and convincing evidence.
2. Whether points were properly assessed under SORA risk factor 7 based on defendant's relationship with the victims.
3. Whether the SORA court providently exercised its discretion in denying defendant's request for a downward departure.

Disposition

affirmed