AD4 order dated March 15, 2013, affirming SORA level-three risk classification. Decision below: 104 AD3d 1155, 960 NYS2d 578. Court of Appeals granted leave June 11, 2013.

ISSUE PRESENTED: Whether defendant established by "clear and convincing evidence" that he was entitled to a downward departure.

SORA - entitlement to downward departure