Tuesday, January 09, 2007

Return to sender

People v Gandy, 2006 NY Slip Op 09740 [available here]

In this short decision, the Fourth Department held that the lower court's determination that the defendant posed a high risk of reoffending and that he was a "threat to the public safety" was correct (and therefore an upward departure to a level three SORA risk classification was justified) where the defendant sexually abused a child over a two year period and "while in prison, defendant was disciplined for attempting to mail his semen to an unknown recipient." (Gandy, 2006 NY Slip Op 09740.)