Decided On : 6/28/2016
AD4 order dated October 3, 2014, affirming level 3 SORA adjudication. Decision below: 121 AD3d 1577, 993 NYS2d 855. Court of Appeals granted leave February 17, 2015.
ISSUES PRESENTED: (1) Whether points were improperly assessed under risk factor 9 because the defendant’s conviction for endangering the welfare of a child was nonsexual in nature. (2) Sufficiency of evidence to support imposition of points under risk factors 1 and 5.