The People urge the Court to adopt the values they proposed in the risk assessment instrument (“RAI”), which is 140 points, having assessed points as follows:Ģ. He has permission to travel to California. He maintains a residence in California where he works in the music industry but visits and stays with his parents frequently, who live in Rush, N.Y. The defendant upon his release from jail was placed on probation supervision. Still another victim spoke of the defendant having been a talented musician and encouraging the victim to play in a band with him. The defendant was described as a mentor by one of the victims and as a spiritual guide by another. He would assist the youth pastor at the church and help with the youth activities, such as Bible classes, taking the younger kids bowling, going to see movies and sporting events, and other social activities. The defendant was a “youth leader” in a church to which he and the victims belonged. Several times TM awoke to find that the defendant was grinding his penis into his buttocks, and on one occasion TM woke up to find the defendant holding his penis and attempting to masturbate him.ĭefendant subjected all three victims to sexual contact repeatedly over the course of several years. Not charged in the indictment because of the expiration of the statute of limitations was defendant's sexual contact with a third victim, one TM, who when a minor, would often sleep over the defendant's apartment. Each count involved a separate victim, and in each instance the defendant put his hand inside the victim's underwear and touched his penis while he was asleep.Įach victim was at the time of the offense less than 16 years old. The defendant (date of birth XX/XX/1978) pled guilty to two counts of Penal Law § 130.65(2)-Sexual Abuse in the First Degree, Person Incapable of Consent by Reason of Physical Helplessness, which acts were alleged to have occurred in 2009. Endeavor Risk Assessments: Acute 2007-Tally Sheet and Scoring Guide Static 99-Tally Sheet Stablke–2007 Tally Sheet, and Vermont Assessment of Sex Offender Risk Presentence Investigationĭefendant's exhibit:A. The following exhibits were received without objection:
Defendant was present for the hearing and was represented by counsel. Van Henri White, Esq., Rochester, for the Defendant.Ī hearing was held on Januand continued on January 30, 2017, pursuant to Correction Law § 168–d to determine both the level of risk the defendant Roy Battle presents to re-offend and to what extent he poses a threat to public safety.
Sandra Doorley, Esq., Monroe County District Attorney by Mary Randall, Esq., Assistant District Attorney, Rochester, for the People.
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