New York Court of Appeals
The People of the State of New York, Respondent v. Quanaparker Howard, Appellant
May 3, 201627 N.Y.3d 337
Summary
The Court affirmed the lower courts, holding that the SORA hearing court did not abuse its discretion in adjudicating the appellant a level three sex offender despite the underlying crime lacking a sexual component. The Court reasoned that the statutory override for serious physical injury automatically mandates a presumptive level three classification and that no mitigating factors were presented to justify a departure. Judge Rivera dissented, arguing the lower court applied the wrong evidentiary standard.