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People v. Fazio, 98

In determining the risk level assigned to a sex offender under the Sex Offender Registration Act (SORA): 1) guidelines factor 3 permits the scoring of points based on the number of different children depicted in the child pornography files possessed by the offender; 2) a recent position statement issued by the Board of Examiners of Sex Offenders on the evaluation of child pornography cases under SORA does not bar the assignment of points under factors 3 and 7 in child pornography cases; and 3) where an offender requests a downward departure in a child pornography case, or any other SORA case, an offender must prove the facts supporting a downward departure by a preponderance of the evidence.

Appellate Information

  • Decided 06/10/2014
  • Published 06/10/2014




  • Court of Appeals of New York


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