New York State Supreme Court, Appellate Division, Fourth Judicial Department
Sex Offender Registration Act
Infliction of pain and physical injury
People v. Root
KA 22-00413
Appealed from Cattaraugus County Court
Background: The defendant appealed from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act.
Ruling: The Appellate Division affirmed. The court noted that the first victim’s grand jury testimony and her medical records from after the incident established that the defendant forcibly penetrated her vagina twice, he grabbed her by the hair and shook her head in an attempt to force her to perform oral sex. The second victim testified that he forcibly penetrated her twice vaginally and once anally. The testimony and the statements to medical personnel at the hospital demonstrated that the victims each suffered substantial pain, warranting the assessment of points in the risk assessment document.
Leah N. Farwell, of the Legal Aid Bureau of Buffalo, for the defendant-appellant.
Submitted
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