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Fourth Department – Sex Offender Registration Act:

By: Daily Record Staff//December 23, 2014

Fourth Department – Sex Offender Registration Act:

By: Daily Record Staff//December 23, 2014//

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Appellate Division, Fourth Department – Sex Offender Registration Act – Prior Youthful Offender Adjudication

 

People v. Williams

KA 14–00259

Appealed from Erie County Court

 

Background: After being convicted of a sex offense, defendant was required to register under the Sex Offender Registration Act, and was found to be a level two (moderate) risk. He challenged this on appeal, requesting that he be found to be a level one risk, in the interest of justice. In particular, 30 points had been included a previous crime for which he had received a Youthful Offender adjudication.

 

Ruling: Order affirmed. First, the request for downward departure was unpreserved, as defendant had not requested it in the court below. Second, adding points for a Youthful Offender adjudication was proper.

 

Robert B. Hallborg for defendant; and Ashley R. Small for Erie County District Attorney

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