The People of the State of New York, Respondent v. Dennis J. Sincerbeaux, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the SORA court did not err in assessing points under risk factors 1, 5, and 9, nor did it abuse its discretion in declining a downward departure from a presumptive level‑three risk classification. The Court also noted a dissent arguing the court should have considered the non‑sexual nature of the prior conviction as a mitigating factor.