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People v. Konstantopoulos

Aggravating Factor Not Taken Into Account by RAI Warrant Upward Departure for Sex Offender

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DECISION & ORDER SORA

*1  The defendant was charged by Indictment No. 1930-15 with attempted sexual abuse in the first degree and endangering the welfare of a child. The charges stem from an incident which occurred on the evening of August 14, 2015, when the defendant approached an 11-year old girl on Bowne Street in Queens, took his penis out of his pants and held it. The defendant then grabbed the child by the shoulders and tilted her body towards him. The child screamed, and the defendant fled. On May 12, 2017, the defendant pleaded guilty to attempted sexual abuse in the second degree and endangering the welfare of a child in full satisfaction of the indictment. On February 14, 2018, the court sentenced the defendant, in accordance with his plea agreement, to a term of one year of imprisonment for attempted sexual abuse in the second degree, and a concurrent term of three months of imprisonment for endangering the welfare of a child. On the sentencing date, the court also conducted a hearing pursuant to the Sex Offender Registration Act (SORA) to determine the defendant’s risk level. For the reasons stated below defendant is classified as a level two sex offender.

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