Court of Appeals of New York

Periodic, moderate drinking of alcoholic beverages does not qualify as abuse under the New York Sex Offender Registration Act risk factors and does not warrant the assessment of points for the purposes of sentencing; instead the People must show by clear and convincing evidence that the offender used alcohol in excess either at the time of the crime or repeatedly in the past.

Appellate Information

• Decided 02/12/2013
• Published 02/12/2013

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel