People v. Mazzio

Summary

The Appellate Division, Second Department, affirmed an order designating Eugene Mazzio a level three sex offender under the Sex Offender Registration Act. The court upheld the assessment of 20 points for unsatisfactory conduct involving sexual misconduct while confined and held that the request for a downward departure was unpreserved and, alternatively, unsupported.

Holdings

1. The Supreme Court properly assessed the defendant 20 points under risk factor 13 for unsatisfactory conduct involving sexual misconduct while confined.
2. The defendant's claim for a downward departure 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 20 points against the defendant under SORA risk factor 13 for unsatisfactory conduct involving sexual misconduct while confined.
2. Whether the defendant was entitled to a downward departure from the SORA risk-level designation based on purported mitigating factors.

Disposition

affirmed