People of State of New York v Joshua Stewart
Categories
Attorneys and Parties
Brief Summary
Sex offender registration and classification, specifically whether an out-of-state conviction can justify designating a registrant as a sexually violent offender under Correction Law article 6-C [Sex Offender Registration Act governing registration and risk levels for sex offenders].
The County Court designated Stewart a level three sexually violent offender after finding the risk factor scores appropriate and rejecting his request for a downward departure.
The Appellate Division removed the sexually violent offender designation but left intact the level three sex offender classification.
Although the risk assessment scoring and denial of a downward departure were proper, applying Correction Law § 168-a(3)(b) [provision defining certain out-of-state registrants as sexually violent offenders] to Stewart was unconstitutional as applied because the same conduct, if committed in New York, would not have made him a sexually violent offender.
Background
Stewart was convicted in New Jersey of promoting child prostitution. After he moved to New York, the County Court conducted a hearing under Correction Law article 6-C [Sex Offender Registration Act governing registration and risk levels for sex offenders] and classified him as a level three sexually violent offender. On appeal, he challenged the scoring of certain risk factors, the denial of a downward departure, and the sexually violent offender designation.
Lower Court Decision
The County Court assessed 25 points under risk factor two and 20 points under risk factor four, based on multiple sexual acts committed against the victim over at least two weeks, including intercourse, under an accessorial liability theory. It denied Stewart's request for a downward departure, concluding that his family support and employment were already accounted for and that the overall circumstances did not justify reducing his risk level. It also designated him a sexually violent offender because his New Jersey conviction required sex offender registration there.
Appellate Division Reversal
The Appellate Division agreed that the point assessments were proper and that the County Court providently denied a downward departure. However, it modified the order by deleting the provision designating Stewart a level three sexually violent offender and substituting a provision designating him a level three sex offender. The court held that Correction Law § 168-a(3)(b) [provision defining certain out-of-state registrants as sexually violent offenders] was unconstitutional as applied to Stewart because equivalent conduct in New York would not have triggered a sexually violent offender designation.
Legal Significance
The decision reinforces that New York courts may uphold a high risk level under the Sex Offender Registration Act while still invalidating a separate sexually violent offender label when that label is based solely on an out-of-state registration consequence. It follows People v Edwards in holding that Correction Law § 168-a(3)(b) [provision defining certain out-of-state registrants as sexually violent offenders] cannot constitutionally be applied where the underlying conduct would not qualify for the same designation if committed in New York.
An out-of-state conviction may support a level three sex offender classification in New York, but New York cannot automatically impose a sexually violent offender designation when the same underlying conduct would not produce that designation under New York law.