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New York Sex Offender's Request for Reduced Dangerousness Level Denied

Duane Charache, a New York state prisoner, was assessed to be a level three sex offender by the Board of Examiners of Sex Offenders (Board) in anticipation of his release from prison for sexually abusing a child.

Even so, in a state trial court the Board recommended a downward departure to level two because Charache had earned a high school diploma in prison and had no prior criminal convictions. The prosecuting attorney argued that those factors had nothing to do with Charache's dangerousness, and that he should be assessed at level three. The court agreed with the prosecutor and Charache appealed.

The Court of Appeals of New York found that Charache had failed to preserve a challenge to the required statutory notice of the state’s “intent to seek a risk level classification different from the Board's recommendation,” and thus the lower court’s findings were affirmed. See: People v. Charache, 9 N.Y.3d 829, 873 N.E.2d 267 (N.Y., 2007).

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Related legal case

People v. Charache