People v. Wilkinson

Summary

The Appellate Division, Second Department affirmed an order designating Andrew Wilkinson a level three sex offender under the Sex Offender Registration Act. The court upheld the assessment of risk-assessment points and concluded that Wilkinson failed to establish entitlement to a downward departure from the presumptive risk level.

Holdings

1. The Supreme Court properly assessed 10 points under risk factor 1 and 20 points under risk factor 3 because the People proved by clear and convincing evidence that the defendant used forcible compulsion and that there were two victims.
2. The Supreme Court properly assessed 10 points under risk factor 12 based on the defendant's removal from sex offender treatment for poor participation and progress, failure to complete treatment while incarcerated, and lack of genuine acceptance of full responsibility.
3. The defendant was not entitled to a downward departure because he failed to establish an appropriate mitigating factor not adequately accounted for by the Guidelines and failed to prove additional mitigating facts warranting departure.

Questions Presented

1. Whether the Supreme Court properly assessed points under risk factors 1, 3, and 12 of the Sex Offender Registration Act risk assessment instrument.
2. Whether the defendant established entitlement to a downward departure from the presumptive risk level three designation.

Disposition

affirmed