New York Court of Appeals

People v. Moss

March 20, 20252025 NY Slip Op 01673

Summary

The Court of Appeals affirmed the SORA court’s application of the automatic override that classifies an offender at risk level three when a prior felony sex crime conviction exists, holding that the conviction was not vacated or overturned and therefore triggers the override. It also held that the defendant’s failure to pursue procedural avenues to vacate the prior conviction precludes any departure from the presumptive classification.