By: Daily Record Staff//December 23, 2014
By: Daily Record Staff//December 23, 2014//
Appellate Division, Fourth Department – Sex Offender Registration Act – Prior Youthful Offender Adjudication
People v. Williams
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