The People of the State of New York, Respondent, v. Stephen Francis, Defendant-Appellant. (2023)

Supreme Court, Appellate Term, New York,

The People of the State of New York, Respondent, v. Stephen Francis, Defendant-Appellant.

570613 /18

Decided: November 27, 2023

PRESENT: Hagler, P.J., Tisch, J.

Per Curiam.

Order (Steven M. Statsinger, J.), dated August 9, 2018, affirmed.

The record supports the level two sex offender adjudication. The SORA court properly assessed 10 points under risk factor 12. Defendant did not show a genuine acceptance of responsibility (see People v Williams, 192 AD3d 461, 462 [2021], lv denied 37 NY3d 907 [2021]). Nor does the record establish that these points were assessed in violation of defendant's Fifth Amendment right against self-incrimination. Defendant did not have a pending direct appeal at the time of his SORA hearing (see People v Rivera, 212 AD3d 483, 484 [2023], lv denied 39 NY3d 912 [2023]; compare People v Krull, 208 AD3d 163, 171-172 [2022], lv denied 39 NY3d 1093 [2023]), and, in fact, had not even filed a timely notice of appeal from the underlying conviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur

Decision Date: November 27, 2023

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network