New York State Supreme Court, Appellate Division, Fourth Judicial Department
Sex Offender Registration Act
Out-of-state conviction – Mitigating factors
People v. Hicks
Appealed from Monroe County Court
Background: The defendant appealed from the determination that he is a level two risk pursuant to the Sex Offender Registration Act.
Ruling: The Appellate Division affirmed. The court noted that the people failed to establish that the defendant’s misdemeanor marijuana conviction from Florida is tantamount to a crime under New York law. Thus, his presumptive risk level remained at one. However, an upward departure was warranted. The court held that although two of the defendant’s proffered mitigating factors were noted in the decision and did not expressly reference the third, it does not follow that the court failed to consider all three factors when it granted the people’s request for an upward departure.
David R. Juergens, of the public defender’s office, for the defendant-appellant; Nancy Gilligan, of the district attorney’s office, for the respondent.