John Cullen was convicted of sexual assaulting a victim who was sleeping at the time of the attack.
After he was classified as a "level three risk" -- under the Sex Offender Registration Act -- Cullen asked for a reduction of the risk level, but wasn't able to provide "'clear and convincing evidence of special circumstances'" supporting such a modification.
Claiming the County Court of Cayuga County failed to set forth the basis of its determination, Culler appealed to the Appellate Division, Fourth Department.
While Cullen asserted that the lower court shouldn't have assessed points against him based on the victim's "physical helplessness," the AD4 thought the governing definition encompassed an attack on a person who was asleep.
And, even though prosecutors weren't able to show why Cullen had been assessed points for "unsatisfactory conduct" while in prison, the AD4 didn't think that error impacted his risk classification.
Seems like that was a pointless exercise.
To view a copy of the Appellate Division's decision, please use: People v. Cullen