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PEOPLE v. PALMER

Nos. 14, 15.

20 N.Y.3d 373 (2013)

984 N.E.2d 917

960 N.Y.S.2d 719

2013 NY Slip Op 882

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PALMER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNELL LONG, Appellant.

Court of Appeals of New York.

Decided February 12, 2013.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Anna Pervukhin of counsel), for appellant in the first above-entitled action.

Charles J. Hynes , District Attorney, Brooklyn ( Adam M. Koelsch , Leonard Joblove and Anthea H. Bruffee of counsel), for respondent in the first above-entitled action.

Barbara J. Davies , Legal Aid Bureau of Buffalo, Inc., Buffalo ( Vincent F. Gugino and David C. Schopp of counsel), for appellant in the second above-entitled action.

Frank A. Sedita, III , District Attorney, Buffalo ( David A. Heraty and Donna A. Milling of counsel), for respondent in the second above-entitled action.

Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge RIVERA taking no part.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Under the Sex Offender Registration Act (SORA), Guidelines, and commentary, offenders are assessed 15 points under risk factor 11 if they have a history of drug or alcohol abuse or if they were abusing drugs or alcohol at the time of the sex offense. At issue in these two appeals is the extent of proof necessary to constitute clear and convincing evidence of "drug or alcohol abuse" under the SORA Guidelines. As the...

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