People v. Lewis, 2018–07292
| Decision Date | 18 December 2019 |
| Docket Number | 2018–07292 |
| Citation | 178 A.D.3d 971,112 N.Y.S.3d 532 (Mem) |
| Parties | PEOPLE of State of New York, Respondent, v. Edward LEWIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
178 A.D.3d 971
112 N.Y.S.3d 532 (Mem)
PEOPLE of State of New York, Respondent,
v.
Edward LEWIS, Appellant.
2018–07292
Supreme Court, Appellate Division, Second Department, New York.
Submitted—October 30, 2019
December 18, 2019
Paul Skip Laisure, New York, N.Y. (Tammy E. Linn of counsel; Jenna Hymowitz on the brief), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Deborah Dowling, J.), dated April 26, 2018, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the
matter is remitted to the Supreme Court, Kings County, for a new determination in accordance herewith.
At a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6–C; hereinafter SORA), the Supreme Court assessed the defendant 75 points, which rendered him a presumptive level two sex offender. Neither the defendant nor the People requested a departure from the presumptive risk level, and the court designated the defendant a level two sex offender.
On appeal, the defendant contends that the Supreme Court erred in assessing 30 points under risk factor 9. Although the defendant's contention is unpreserved for appellate review, under the circumstances, we reach it in the interest of justice (see e.g. People v. Madison , 153 A.D.3d 737, 737, 59 N.Y.S.3d 755 ).
Risk factor 9 requires the assessment of 30 points where "[t]he offender has a prior criminal history that includes a conviction
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