People v. Accurso

Summary

The New York Appellate Division, Second Department, affirmed an order designating Joseph Accurso a level two sex offender under the Sex Offender Registration Act. The court held that the assessment of 15 points under risk factor 11 was proper and that the defendant's request for a downward departure was unpreserved and, alternatively, unsupported.

Holdings

1. The Supreme Court properly assessed 15 points under risk factor 11 based on the defendant's admissions.
2. The defendant's claim that a downward departure was warranted was unpreserved because he did not request a downward departure at the SORA hearing. In any event, he failed to establish that a downward departure was warranted.

Questions Presented

1. Whether the Supreme Court properly assessed 15 points under SORA risk factor 11 based on the defendant's admissions.
2. Whether the defendant was entitled to a downward departure from his presumptive level two risk designation based on purported mitigating factors.

Disposition

affirmed