People v. Free
Docket 380 KA 24-01098
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 02577
- Docket
- 380 KA 24-01098
Appeal from a Supreme Court order determining defendant's risk level under the Sex Offender Registration Act
Summary
The Appellate Division, Fourth Department affirmed a Supreme Court (Niagara County) order classifying defendant David W. Free, Jr. as a level two risk under New York's Sex Offender Registration Act (SORA). The defendant appealed the risk-level determination. The appellate court unanimously affirmed the lower court's order, agreeing with the trial court's evaluation and application of SORA factors and finding no reversible error in the risk-assessment determination.
Issues Decided
- Whether the trial court properly assessed and assigned a level two risk classification under the Sex Offender Registration Act.
- Whether the procedural or substantive aspects of the SORA risk assessment contained reversible error.
Court's Reasoning
The appellate court reviewed the Supreme Court's risk-level determination and found no basis to disturb the evaluation of SORA factors. The court concluded that the lower court applied the governing standards correctly and that the record supported a level two classification. Because the assessment comported with the statutory framework and there was no reversible error, the order was affirmed.
Authorities Cited
- Sex Offender Registration ActN.Y. Correction Law article 6-C
Parties
- Appellant
- David W. Free, Jr.
- Respondent
- The People of the State of New York
- Attorney
- The Legal Aid Bureau of Buffalo, Inc. (Shawn P. Hennessy of counsel)
- Attorney
- Brian D. Seaman, District Attorney, Lockport (Laura T. Jordan of counsel)
- Judge
- Mario A. Giacobbe, A.J.
- Judge
- Whalen, P.J.
- Judge
- Bannister, J.
- Judge
- Montour, J.
- Judge
- Nowak, J.
- Judge
- Hannah, J.
Key Dates
- Appellate decision date
- 2026-04-24
- Lower court order date
- 2024-04-11
What You Should Do Next
- 1
Consider seeking leave to appeal
If the defendant wishes to continue challenging the classification, counsel should evaluate and, if appropriate, file a motion for leave to appeal to the New York Court of Appeals within the statutory timeframe.
- 2
Comply with SORA obligations
The defendant should ensure compliance with all registration, reporting, and any notification obligations that accompany a level two classification to avoid criminal penalties.
- 3
Consult counsel about post-decision options
Defense counsel should review the record for any potential procedural or constitutional issues that might warrant further action or collateral relief.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the lower court's order classifying the defendant as a level two risk under the Sex Offender Registration Act.
- Who is affected by this decision?
- The decision affects the defendant, who remains subject to SORA registration and any community notification and monitoring rules tied to a level two classification.
- What does a level two classification mean in practice?
- A level two risk classification indicates a moderate risk of reoffense and generally results in specified registration requirements and potential community notification under SORA.
- Can this decision be appealed further?
- Yes, the defendant may be able to seek further review by the Court of Appeals, subject to applicable deadlines and leave-to-appeal requirements.
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 Free - 2026 NY Slip Op 02577 People v Free 2026 NY Slip Op 02577 April 24, 2026 Appellate Division, Fourth Department THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v DAVID W. FREE, JR., DEFENDANT-APPELLANT. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 380 KA 24-01098 Present: Whalen, P.J., Bannister, Montour, Nowak, And Hannah, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT. Appeal from an order of the Supreme Court, Niagara County (Mario A. Giacobbe, A.J.), entered April 11, 2024. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Entered: April 24, 2026 Ann Dillon Flynn