Court of Appeals of New York

Reset A A Font size: Print

People v. Ford, 47

Defendant pleaded guilty to sexual abuse in the first degree and was sentenced to three years imprisonment and five years of post release supervision. While imprisoned, defendant committed various disciplinary violations, and as a consequence of the disciplinary penalties, defendant's violations prevented him from participating in any sex offender treatment while incarcerated. The Board recommended an upward departure to level three sex offender based on the nature of defendant's crime, defendant's failure to participate in sex offender treatment, and his lack of remorse. The Supreme Court assessed 15 points for failure to accept responsibility, and the Appellate Division affirmed, leading defendant to be adjudicated a level three sex offender. The judgment is reversed and the case is remitted, where the Supreme Court erred as a matter of law in determining that defendant's disciplinary violations were tantamount to a refusal to participate in sex offender treatment.

Appellate Information

  • Decided 03/26/2015
  • Published 03/26/2015

Judges

Court

  • Court of Appeals of New York

Counsel

Copied to clipboard