People v. Morrison
Docket 2025-08431
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 02680
- Docket
- 2025-08431
Appeal from a County Court order designating a convicted defendant a level three sex offender after a SORA hearing
Summary
The Appellate Division, Second Department affirmed a County Court order designating Daniel Morrison a level three sex offender under New York's Sex Offender Registration Act (SORA). Morrison, convicted after jury trial of first‑degree sexual abuse and two counts of second‑degree murder, argued for a lower risk level based on mitigating factors. The court held the argument was unpreserved because he did not request a downward departure at the SORA hearing, and in any event he failed to meet the legal standard for a downward departure from the presumptive level three classification.
Issues Decided
- Whether the defendant preserved his request for a downward departure from the presumptive SORA risk level by raising mitigating factors at the hearing
- Whether the defendant established entitlement to a downward departure from the presumptive level three designation under SORA
Court's Reasoning
The court found the defendant's argument unpreserved because he did not request a downward departure at the SORA hearing, as required for appellate review. Independently, the court concluded the defendant did not meet the controlling legal standard for a downward departure from the presumptive risk level under relevant precedent, so no mitigation justified lowering the level. Because both preservation and the merits failed, the automatic override to level three stood.
Authorities Cited
- People v Franco234 AD3d 723
- People v Pomavilla-Loja230 AD3d 1359
- People v Gillotti23 NY3d 841
- People v Godek237 AD3d 761
Parties
- Appellant
- Daniel Morrison
- Respondent
- The People of the State of New York
- Judge
- Kevin F. Russo
- Judge
- Lara J. Genovesi
- Judge
- William G. Ford
- Judge
- Helen Voutsinas
- Judge
- Donna-Marie E. Golia
- Attorney
- James D. Licata
- Attorney
- Thomas E. Walsh II, District Attorney
Key Dates
- Decision date
- 2026-04-29
- County Court order date
- 2025-05-19
What You Should Do Next
- 1
Consult appellate counsel about further review
If the defendant wishes to seek further review, consult counsel promptly to evaluate whether to seek leave to appeal to the Court of Appeals and to identify applicable deadlines.
- 2
Consider preservation for future proceedings
If there will be any future SORA or sentencing proceedings, ensure any request for a downward departure is expressly made at the hearing to preserve appellate review.
- 3
Comply with SORA requirements
The defendant should follow registration and reporting obligations associated with a level three designation to avoid further criminal exposure.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the County Court's designation of Daniel Morrison as a level three sex offender under SORA.
- Who is affected by this decision?
- Daniel Morrison, who was convicted of first‑degree sexual abuse and two counts of second‑degree murder and is required to register under SORA at level three.
- Why wasn't his risk level lowered?
- The appellate court said he did not preserve the request for a lower risk level by asking for it at the SORA hearing, and even on the merits he failed to show the required grounds for a downward departure.
- Can this decision be appealed further?
- A further appeal to the Court of Appeals may be possible, but would likely require permission; consult counsel for deadlines and likelihood.
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 Morrison - 2026 NY Slip Op 02680 People v Morrison 2026 NY Slip Op 02680 April 29, 2026 Appellate Division, Second Department The People of the State of New York, respondent, v Daniel Morrison, appellant. James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on April 29, 2026 2025-08431 Lara J. Genovesi, J.P. William G. Ford Helen Voutsinas Donna-Marie E. Golia, JJ. Thomas E. Walsh II, District Attorney, New City, NY (Kerianne Morrissey of counsel), for respondent. DECISION & ORDER Appeal by the defendant from an order of the County Court, Rockland County (Kevin F. Russo, J.), dated May 19, 2025, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C. ORDERED that the order is affirmed, without costs or disbursements. The defendant was convicted, after a jury trial, inter alia, of sexual abuse in the first degree (Penal Law § 130.65[1]) and two counts of murder in the second degree ( id. § 125.25[1], [3]). After a hearing conducted pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6-C), the County Court applied an automatic override to a presumptive risk level three designation and designated the defendant a level three sex offender. The defendant appeals. The defendant's contention that a downward departure from his presumptive risk level is warranted based on purported mitigating factors is unpreserved for appellate review, since he did not request a downward departure at the SORA hearing ( see People v Franco , 234 AD3d 723, 724; People v Pomavilla-Loja , 230 AD3d 1359, 1359). In any event, the defendant failed to establish that a downward departure is warranted ( see People v Gillotti , 23 NY3d 841, 861; People v Godek , 237 AD3d 761, 762-763). GENOVESI, J.P., FORD, VOUTSINAS and GOLIA, JJ., concur. ENTER: Darrell M. Joseph