New York Court of Appeals

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

June 28, 201627 N.Y.3d 683

Summary

The New York Court of Appeals affirmed the SORA court’s risk‑level three designation, holding that the court properly assessed points for forcible compulsion, victim age, and a prior endangering‑the‑welfare conviction, and did not abuse its discretion in refusing a downward departure. Justice Rivera dissented, arguing the court should have considered the non‑sexual nature of the prior conviction as a mitigating factor and granted a lower risk level.