People v. Gauthier

APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice

New York Law Journal

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Justice Edward Spain

Gauthier appeal from an order classifying him as a risk level III sex offender under the Sex Offender Registration Act (SORA). He pleaded guilty to sexual misconduct and rape in Washington County, involving separate victims. Then, Gauthier pleaded guilty to criminal sexual act against another victim in Rensselaer County. Prosecutors and Gauthier agreed the Board of Examiners of Sex Offnders erred in classifying him as a risk level III offender under SORA for his Washington County conviction, and but for the error, Gauthier would be a presumptive risk level II. Yet, prosecutors requested, and were granted an upward modification to risk level III. Gauthier argued the County Court improperly considered the prosecutions' documentary evidence without requiring any foundation to establish its authenticity. This court found the County Court properly accepted into evidence the risk assessment instrument, and case summary, presentence report and certificate of conviction from Rensselaer County. Also, as Gauthier's raw risk assessment score was a mere five points short of a presumptive risk level III assessment, the court declined to disturb defendant's classification as a risk level III offender, affirming the order.

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