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People v. Bamugo
Citation: 2023 NY Slip Op 01202Docket: 2021-01567
Court: Appellate Division of the Supreme Court of the State of New York; March 7, 2023; New York; State Appellate Court
Original Court Document: View Document
Jeriah Bamugo was designated as a level two sex offender following an appeal of the Supreme Court's decision in Kings County dated September 23, 2020. Bamugo had previously pleaded guilty to sexual abuse in the first degree and assault in the second degree. Initially assessed 60 points under the Sex Offender Registration Act (SORA), which classified him as a level one sex offender, the court granted the prosecution's request for an upward departure to level two based on aggravating factors not sufficiently considered by the risk assessment guidelines. The court found that clear and convincing evidence supported the existence of such aggravating factors, specifically Bamugo's subsequent criminal activity following the initial offenses, which indicated a higher likelihood of reoffending and posed a danger to the community. The court's decision to grant the upward departure was deemed a proper exercise of discretion after weighing both aggravating and mitigating factors. The order designating Bamugo as a level two sex offender was affirmed, with no costs or disbursements awarded.