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New York Prisoner’s Prior Convictions for Sex Offenses Sufficient for Level 3 Classification
In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders, based on Mabb’s prior attempted rape conviction, convinced a trial court to assess him to be a risk level 3 sex offender. Mabb appealed, claiming that since NY Correction Law, Art. 6-c didn’t mandate that a prisoner with a prior sex offense conviction be classified as a risk level 3, he shouldn’t have been so classified.
The New York Court for the Third Department of its Appellate Division found that simply because Art. 6-c didn’t mandate his risk level 3 classification, that did not mean it prohibited the classification. Thus, Mabb’s appeal was dismissed. See: People v. Mabb, 32 A.D.3d 1135, 821 N.Y.S.2d 483 (N.Y.A.D. 3 Dept. 2006).
The New York Court for the Third Department of its Appellate Division found that simply because Art. 6-c didn’t mandate his risk level 3 classification, that did not mean it prohibited the classification. Thus, Mabb’s appeal was dismissed. See: People v. Mabb, 32 A.D.3d 1135, 821 N.Y.S.2d 483 (N.Y.A.D. 3 Dept. 2006).
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Related legal case
People v. Mabb
| Year | 2006 |
|---|---|
| Cite | 32 A.D.3d 1135, (N.Y.A.D. 3 Dept. 2006) |
| Level | State Court of Appeals |
| Injunction Status | N/A |