By: Daily Record Staff Reports//May 4, 2015
By: Daily Record Staff Reports//May 4, 2015//
Appellate Division, Fourth Department – Sex Offender Registration Act – Upward Departure
People v. Sczerbaniewicz
Appealed from Onondaga County Court
Background: The defendant was found to be a Level III offender, high risk, under SORA. He challenged the finding of an “upward departure” that the judge applied from the presumptive risk level. The defendant was arrested in connection with an investigation into a child pornography ring, after attempting to buy videos from an undercover postal inspector. The defendant possessed 1,500 images as well as 2,000 images of child erotica.
Ruling: The facts in the case summary, not disputed by defendant, were clear and convincing evidence of a high risk level.
Ted Stenuf for the defendant; Victoria M. White for the Onondaga County District Attorney’s Office