This case is being heard in the Second Department Appellate Division of the Supreme Court of the State of New York. The appellant of the case is Robert Fareira. The appellant is represented by Steven Banks, New York, New York, with Joanne Legano Ross for counsel. The respondent of the case is the People of the State of New York. A New York Criminal Lawyer said the respondent is represented by the Brooklyn, New York District Attorney, Charles J. Hynes with Leonard Joblove and Morgan J. Dennehy for counsel and Leah Rabinowitz on the brief for the case.
Appeal
The appellant, Robert Fareira, is appealing an order that was made by the Kings County Supreme Court on the 29th of April in the year 2009. The order designated the defendant as a level three sex offender according to the Correction Law, article 6-C.
Court Discussion and Order
It is found that the People of the State of New York clearly established with convincing evidence that the defendant had been charged previously with two sex crimes (such as rape, or sexual assault) that were felonies. For this reason, he was a level three sexual offender according to the Sex Offender Registration Act. The Sex Offender Registration Act states that there is an automatic over ride of level one sex offense when there has been more than one conviction made. This is part of the standard risk assessment instrument that is used to determine the level of sex offender in any case.
The defendant that is seeking to lower his risk assessment number must prove without any doubt that there are factors that have not been taken into account. The defendant in this case will need to provide the court with clear and substantial evidence that proves that he should not be considered at a risk level of 3. The defendant would need to provide a substantial amount of evidence in this particular case as the People of the State of New York have provided clear cut reasoning for the issuance of a level 3 risk level.
The defendant has not brought forth any evidence to the court to show that he should not be a risk level three. A Bronx Criminal Lawyer said he has ultimately failed to meet the requirements as set forth by the Sex Offender Registration Act in this regard. The respondents have shown without a doubt that the defendant is deserving of this level of risk based on the law.
The defendant has failed to bring forth any type of evidence in regard to his appeal. For this reason the Court orders that the Supreme Court of Kings County ruled properly in this particular case. The defendant will remain as a level three sex offender.
Furthermore, the court finds that the remaining contentions brought forth by the defendant are not reviewable in the appellate division of the court.
The judges in the case, Prudenti, P.J., Florio, Angiolillo, an Sgroi are all in agreement about the outcome of this case.
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