57 A.D.3d 865 (2008)

868 N.Y.S.2d 924


Appellate Division of the Supreme Court of New York, Second Department.

Ordered that the order is affirmed, without costs or disbursements.

In February 2004 the defendant, who was then a pediatric medical resident, was found in possession of more than 1,000 images of child pornography, which he had downloaded onto his computer, disks, and CD-ROMs. The images included prepubescent females, some of whom were toddlers or preschoolers, engaging in various sexual acts. He pleaded guilty, inter alia, to one count of possessing child pornography in violation of 18 USC § 2252A (a) (5) (B).

After a hearing pursuant to the Sex Offender Registration Act (hereinafter SORA), the defendant was assessed a total of 80 points under risk factors three, five, and seven. He was then designated a level two sex offender. We affirm.

Contrary to the defendant's contention, the Supreme Court's determination to designate him a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed (see Correction Law § 168-n [3]). The children depicted in the pornographic images that he possessed are "victims" within the meaning of SORA (see People v Johnson, 11 N.Y.3d 416 [2008]; People v Worley, 57 A.D.3d 753 [2008]; People v Villane, 49 A.D.3d 517 [2008]; People v Lawless, 44 A.D.3d 738 [2007]), and he was properly assessed a total of 80 points under risk factors three, five, and seven (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 10-12 [2006]).

The defendant's remaining contentions are without merit.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases