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FEDERAL CONVICTION FOR FAILING TO REGISTER AS A SEX OFFENDER WAS NOT A QUALIFYING OFFENSE FOR A SORA RISK ANALYSIS; THEREFORE DEFENDANT WAS NOT ENTITLED TO A 15 POINT REDUCTION BECAUSE HE WAS SUBJECT TO POST-RELEASE SUPERVISION FOR THE FEDERAL OFFENSE.

The First Department, in a full-fledged opinion by Justice Gische, determined a federal conviction for failure to register as a sex offender was not a qualifying offense under the Sex Offender Registration Act (SORA). Defendant had been convicted in Michigan of a qualifying offense, but was not subject to post-release supervision upon release. Where there is no post-release supervision, a defendant is assessed 15 points under the SORA risk analysis. Defendant argued that, because he was subject to federal post-release supervision for failure to register, the 15 points should not be assessed. The First Department held the only relevant offense was the Michigan offense, requiring the 15 point assessment. People v Reid, 2016 NY Slip Op 04366, 1st Dept 6-7-16

CRIMINAL LAW (FEDERAL CONVICTION FOR FAILING TO REGISTER AS A SEX OFFENDER WAS NOT A QUALIFYING OFFENSE FOR A SORA RISK ANALYSIS; THEREFORE DEFENDANT WAS NOT ENTITLED TO A 15 POINT REDUCTION BECAUSE HE WAS SUBJECT TO POST-RELEASE SUPERVISION FOR THE FEDERAL OFFENSE)/SEX OFFENDER REGISTRATION ACT (SORA) (FEDERAL CONVICTION FOR FAILING TO REGISTER AS A SEX OFFENDER WAS NOT A QUALIFYING OFFENSE FOR A SORA RISK ANALYSIS; THEREFORE DEFENDANT WAS NOT ENTITLED TO A 15 POINT REDUCTION BECAUSE HE WAS SUBJECT TO POST-RELEASE SUPERVISION FOR THE FEDERAL OFFENSE)

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