Fourth Department – Sex Offender Registration Act: People v. Berry

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sex Offender Registration Act

Downward departure – Changed Circumstances

People v. Berry

KA 25-00943

Appealed from Livingston County Court

Background: The defendant appealed from an order granting his petition seeking to modify a prior determination that he is a level three risk pursuant to the Sex Offender Registration Act. The court had modified defendant’s risk level to two but denied any further modification.

Ruling: The Appellate Division affirmed. The court noted that the defendant presented evidence of his rehabilitation and changed circumstances, including that he had not reoffended since being released form prison, he was compliant with SORA requirements, was largely compliant with his terms of parole, successfully engaged in sex offender counseling, had stable employment and housing, was participating in mental health counseling, and an evaluation found he was at a low risk of reoffending. However, the court properly denied any further modification as it considered the nature of the sex offenses and other criminal history.

Katharine Lavin, of Lavin Law PLLC, for the defendant-appellant; Merideth H. Smith, of the district attorney’s office, for the respondent.