People v. Moss

Summary

The Court of Appeals held that SORA's automatic override to a presumptive risk level three classification applied because the defendant had an undisturbed prior felony sex-crime conviction. A resentencing court's limited determination that the conviction could not be used as a sentencing predicate did not vacate or invalidate that conviction, and the defendant had not pursued a direct challenge or requested a downward departure at the SORA hearing. The court affirmed the Appellate Division's order and noted that the defendant's remaining contentions were meritless or unpreserved.