Narrative Opinion Summary
Jose A. Jamieson was designated a level two sex offender following a hearing under the Sex Offender Registration Act (SORA) after pleading guilty to criminal sexual act in the second degree. The County Court assessed him 80 points for risk level classification. Jamieson appealed the decision, arguing that the prosecution failed to meet the burden of proof for the classification and that he was entitled to a downward departure from the presumptive risk level. The appellate court found that Jamieson did not preserve his objection regarding the burden of proof for appellate review, as he did not contest the assessment of points during the SORA hearing. Furthermore, the court ruled that his contention regarding a downward departure was also unpreserved and without merit, as he failed to identify any mitigating factors to justify such a departure. The appellate court affirmed the County Court's order, with no costs or disbursements awarded.
Legal Issues Addressed
Downward Departure in Risk Level Classificationsubscribe to see similar legal issues
Application: The appellate court ruled that Jamieson's contention for a downward departure was unpreserved and without merit due to his failure to identify mitigating factors.
Reasoning: Furthermore, the court ruled that his contention regarding a downward departure was also unpreserved and without merit, as he failed to identify any mitigating factors to justify such a departure.
Preservation of Objections for Appellate Reviewsubscribe to see similar legal issues
Application: Jamieson did not preserve his objection regarding the burden of proof for appellate review because he did not contest the assessment of points during the SORA hearing.
Reasoning: The appellate court found that Jamieson did not preserve his objection regarding the burden of proof for appellate review, as he did not contest the assessment of points during the SORA hearing.
Sex Offender Risk Level Classification under SORAsubscribe to see similar legal issues
Application: The County Court assessed Jose A. Jamieson 80 points for risk level classification following a hearing under SORA, resulting in his designation as a level two sex offender.
Reasoning: Jose A. Jamieson was designated a level two sex offender following a hearing under the Sex Offender Registration Act (SORA) after pleading guilty to criminal sexual act in the second degree. The County Court assessed him 80 points for risk level classification.