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 New York Court of Appeals affirmed the Appellate Division's order, 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 relied on the statutory automatic override for serious physical injury and found the discretionary departure process properly applied. A dissent argued that the lower court used the wrong evidentiary standard and should have remanded the case. Justice Rivera, dissenting, would have reversed and remanded.