Opinion
7755 Ind. 1477/13
11-29-2018
The PEOPLE of the State of New York, Respondent, v. John BLUM, Defendant-Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Natalie Rea of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jennifer L. Watson of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jennifer L. Watson of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Gische, Kapnick, Gesmer, JJ.
The court providently exercised its discretion in declining to grant an indefinite adjournment of the sex offender classification hearing in this case (see People v. Gordon, 147 A.D.3d 988, 48 N.Y.S.3d 195 [2d Dept. 2017], lv denied 29 N.Y.3d 910, 2017 WL 2434734 [2017] ). Defendant was automatically a level three offender because of the applicability of an automatic override, and the only material issue was whether the court should grant a downward departure, an issue on which defendant had the burden of proof. Under the circumstances, the possibility that the court would be in a better position to decide that issue at the end of defendant's civil commitment, if any, is speculative. In any event, "defendant has the statutory right to seek a modification of his SORA risk level designation in the future" ( Gordon, 147 A.D.3d at 988, 48 N.Y.S.3d 195 ).