SOMETHING WAS DEFINITELY UP WITH THIS GUY?
After the Suffolk County Supreme Court convicted FM of “rape in the third degree,” it granted the State’s request to up his sex offender status from level 1 (low risk of repeat offense), to level 2 (moderate risk of repeat offense), and FM appealed.
Apparently, the judge thought that there was a “likelihood of reoffense or danger to the community,” when it granted the upward departure. And on its review, the Appellate Division, Second Department, agreed that there was “clear and convincing evidence,” that between his plea and sentencing, F.M. violated an order of protection and that such conduct supported the elevated status.
Because the court below “providently exercised its discretion," the outcome was affirmed.
Was this a turnup for the books?
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DECISION