AD3 order dated August 7, 2014, affirming classification of defendant as a level two sex offender, with two dissents. Decision below: 120 AD3d 860, 990 NYS2d 736. Case is in Court of Appeals due to two dissents. Argued September 11, 2015.

ISSUES PRESENTED: (1) Risk factor 3; whether the evidence established that there were three as opposed to two victims. (2) Risk factor 7; whether the evidence established that the defendant “groomed” his victims. (3) Whether the SORA court’s failure to expressly reference the defendant’s request for a downward departure required remittal to the lower court for further findings.