People of the State of New York v Sebastian Garcia-Restrepo
Attorneys and Parties
Brief Summary
Whether 15 points may be assessed under risk factor 11 (drug/alcohol abuse) in a Sex Offender Registration Act (SORA) risk-level determination under Correction Law article 6-C [Sex Offender Registration Act (SORA) governing sex offender registration and risk level assessment in New York].
After a SORA hearing, the County Court designated the defendant a level two sex offender, in part by assessing 15 points under risk factor 11 for substance abuse.
The assessment of 15 points under risk factor 11 and the resulting level two designation; the appellate court designated the defendant a level one sex offender.
The People did not prove by clear and convincing evidence that the defendant used alcohol or drugs in excess at the time of the offense or repeatedly in the past. The defendant’s police statement was ambiguous, and his probation statement denied intoxication. Without those 15 points, the total was 60 points—presumptively level one—warranting reduction (citing People v Palmer and related cases).
Background
The defendant pleaded guilty to rape in the third degree. In the ensuing Sex Offender Registration Act (SORA) proceeding, the People sought to assess 15 points under risk factor 11 based on alleged alcohol or marijuana use. The defendant’s statement to police was ambiguous regarding alcohol use at the time of the offense, and he unequivocally denied being high or intoxicated in his probation interview.
Lower Court Decision
By order dated December 21, 2022, the County Court, Suffolk County, after a SORA hearing, designated the defendant a level two sex offender, assessing 15 points under risk factor 11 for alleged substance abuse.
Appellate Division Reversal
Reversed, on the law, without costs. The Appellate Division held the People failed to establish by clear and convincing evidence excessive alcohol/drug use at the time of the offense or repeated past abuse, citing People v Palmer, People v Crane, People v Leon, People v Trotter, and People v Madison. Eliminating the 15 points under risk factor 11 reduced the total to 60 points, a presumptive level one; the court designated the defendant a level one sex offender.
Legal Significance
Reaffirms that points under SORA risk factor 11 require clear and convincing evidence of excessive substance use at the time of the offense or a repeated history; ambiguous statements or explicit denials are insufficient. The decision guides SORA hearings on evidentiary burdens and prevents inflation of risk levels absent adequate proof.
Risk factor 11 points cannot be assessed without clear and convincing proof of excessive drug or alcohol use; removing those points can lower the presumptive SORA risk level.