People v. Iverson
Opinion of the Court
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Defendant was previously classified a level one risk pursuant to SORA, and he contends that the Feople were required to file a petition seeking modification of his risk level pursuant to Correction Law § 168-0 (3). Defendant failed to preserve that contention for our review (see generally People v Windham, 10 NY3d 801 [2008]; People v Charache, 9 NY3d 829, 830 [2007]; People v Daniels, 86 AD3d 921, 922 [2011], lv denied 17 NY3d 715 [2011]) and, in any event, that contention is without merit. Correction Law § 168-o (3) does not require the filing of a petition to modify the classification of a sex offender convicted of a new qualifying sex offense (see § 168-a [2] [a]).
Defendant failed to preserve for our review his contention that he was entitled to a downward departure from his presumptive risk level on the ground that both the present and prior sex offenses were nonviolent (see Gilbert, 78 AD3d at 1585-1586; Ratcliff, 53 AD3d 1110). In any event, “defendant’s multiple convictions of sexual crimes constitute ‘compelling evidence that [he] poses a serious risk to public safety’ . . . , and thus a downward departure from the presumptive risk level is not warranted” (Gilbert, 78 AD3d at 1586). Present — Smith, J.P, Fahey, Garni, Sconiers and Gorski, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.