People v. Stanley A. Brown


AD4 order dated February 7, 2014, affirming level-3 SORA adjudication. Decision below: 114 AD3d 1146, 984 NYS2d281, 2014 WL 486260. Court of Appeals granted leave July 1, 2014. To be argued June 4, 2015.
ISSUES PRESENTED: (1) The proper standard of proof to be applied to a defendant seeking to prove the existence of a mitigating factor warranting a downward departure (clear and convincing evidence versus preponderance of evidence). (2) The degree of consideration a SORA hearing court should give to a certificate of relief from civil disabilities when assessing a defendant points under risk factor 9 for a prior DWI conviction.