People v. Colbert
Docket 222 KA 25-00946
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02547
- Docket
- 222 KA 25-00946
Appeal from a Monroe County Court order determining defendant is a level three risk under the Sex Offender Registration Act and denying a downward departure.
Summary
The Appellate Division, Fourth Department affirmed a Monroe County Court order that classified Anthony Colbert as a level three risk under New York's Sex Offender Registration Act. The court reviewed the county court's refusal to grant a downward departure from the presumptive risk level and found no abuse of discretion. Applying the three-step departure analysis and weighing aggravating and mitigating factors, the court concluded the totality of circumstances did not justify lowering Colbert's presumptive risk level, relying on precedent including People v Gillotti.
Issues Decided
- Whether County Court abused its discretion in denying the defendant's request for a downward departure from his presumptive SORA risk level.
- Whether the weighing of aggravating and mitigating factors supported a downward departure under the governing three-step analysis.
Court's Reasoning
The court applied the three-step analysis for downward departure and reviewed whether aggravating and mitigating factors, when weighed, justified lowering the presumptive risk level. The Appellate Division found the county court properly exercised its discretion in weighing those factors and that the totality of circumstances did not warrant a downward departure. Precedent (People v Gillotti) guided the analytical framework and supported affirming the denial.
Authorities Cited
- Sex Offender Registration Act (SORA)Correction Law § 168 et seq.
- People v Gillotti23 NY3d 841 (2014)
- People v Allis229 AD3d 1375 (4th Dept 2024)
Parties
- Appellant
- Anthony Colbert
- Respondent
- The People of the State of New York
- Judge
- Douglas A. Randall
- Attorney
- Julie Cianca, Public Defender (Clea Weiss of counsel)
- Attorney
- Perry Duckles, Acting District Attorney (Merideth H. Smith of counsel)
Key Dates
- Decision date
- 2026-04-24
- County Court order date
- 2025-04-02
What You Should Do Next
- 1
Consider seeking leave to appeal
If the defendant wishes to continue, consult counsel about filing an application for leave to appeal to the New York Court of Appeals, noting that review is discretionary and time-limited.
- 2
Comply with SORA obligations
The defendant must ensure compliance with the duties and restrictions associated with a level three SORA classification, including registration requirements and any community notification rules.
- 3
Consult counsel about collateral consequences
Discuss with counsel the practical effects of a level three classification (housing, employment, travel) and possible relief options, if any, such as future petitions for risk reclassification if circumstances change.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the county court's determination that the defendant is a level three risk under SORA and upheld the denial of a request to lower that risk level.
- Who is affected by this decision?
- The defendant, Anthony Colbert, is affected because the classification governs his sex-offender registration obligations and related restrictions; the People (prosecution) are the prevailing party.
- Why was the request for a lower risk level denied?
- The court found that, after weighing aggravating and mitigating factors under the established three-step framework, the totality of circumstances did not justify a downward departure.
- Can this decision be appealed further?
- The Appellate Division issued a published decision; the defendant could seek leave to appeal to the New York Court of Appeals, but such review is discretionary.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Colbert - 2026 NY Slip Op 02547 People v Colbert 2026 NY Slip Op 02547 April 24, 2026 Appellate Division, Fourth Department THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v ANTHONY COLBERT, DEFENDANT-APPELLANT. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 222 KA 25-00946 Present: Lindley, J.P., Curran, Ogden, Delconte, And Hannah, JJ. JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (CLEA WEISS OF COUNSEL), FOR DEFENDANT-APPELLANT. PERRY DUCKLES, ACTING DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT. Appeal from an order of the Monroe County Court (Douglas A. Randall, J.), entered April 2, 2025. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: Defendant appeals from an order determining, inter alia, that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq .). We reject defendant's contention that County Court abused its discretion when it denied his request for a downward departure from his presumptive risk level. We conclude, after "weighing the aggravating and mitigating factors" at the third step of the downward departure analysis, that the totality of the circumstances does not warrant a downward departure ( People v Gillotti , 23 NY3d 841, 861 [2014]; see People v Allis , 229 AD3d 1375, 1376 [4th Dept 2024]). Entered: April 24, 2026 Ann Dillon Flynn