ALBANY – A sex offender was unfairly placed in a higher-than-warranted classification on the state’s sex offender registry based on inconclusive findings about whether he accepted responsibility for his crimes, a divided state appeals court has held.
The Appellate Division, Third Department, panel held 3-2 that James Munafo was improperly assessed 10 points during his risk-level evaluation upon the finding that he had not taken responsibility for the actions that led to his 2003 convictions in Massachusetts for rape and indecent assault against five girls younger than 14.
