The Appellate Division of the Supreme Court of the State of New York recently affirmed the designation of Joseph Accurso as a level two sex offender. This ruling, made on June 24, 2026, affects Accurso and others in similar situations, as it reinforces the legal standards for assessing sex offenders under New York's Sex Offender Registration Act (SORA).

The case, People v. Accurso (Docket No. 2025-09034), stems from Accurso's prior conviction for possession of child pornography in the United States District Court for the Eastern District of New York. His designation as a level two sex offender was based on a risk assessment that evaluated his likelihood of reoffending.

Accurso's appeal challenged the assessment of 95 points on the risk assessment instrument, which placed him in the presumptive range for a level two designation. The court's decision is significant as it underscores the importance of risk factors in determining sex offender classifications.

Background

Joseph Accurso was convicted in 2025 for possession of child pornography, a serious crime under federal law. Following his conviction, he was subject to New York's SORA, which requires offenders to be assessed based on various risk factors. These factors help determine the level of risk an offender poses to the community and, consequently, their registration requirements.

After a hearing conducted by the Supreme Court of Queens County, Accurso was designated a level two sex offender based on a total score of 95 points. This score is significant because it indicates a higher level of risk, which impacts how the offender is monitored and the public's awareness of their presence in the community.

The court's decision to designate him as a level two offender was based on specific risk factors outlined in the SORA guidelines. Accurso's appeal followed this designation, arguing against the points assessed and seeking a downward departure from the presumptive risk level.

The Ruling

The Appellate Division, consisting of Justices Angela G. Iannacci, Helen Voutsinas, Janice A. Taylor, and James P. McCormack, ruled in favor of the original designation. The court stated, "The Supreme Court properly assessed 15 points under risk factor 11 based on the defendant's admissions." This statement highlights the court's agreement with the lower court's assessment of Accurso's risk level.

Furthermore, the court noted that Accurso's request for a downward departure from his presumptive risk level was not preserved for appellate review. The ruling emphasized that he did not request a downward departure during the SORA hearing, which is a critical procedural requirement.

The court concluded that Accurso also failed to demonstrate that a downward departure was warranted, reinforcing the importance of following proper legal procedures when challenging designations under SORA.

Impact

This ruling has significant implications for Joseph Accurso and others in similar situations. By affirming the designation of a level two sex offender, the court reinforces the standards set by New York's SORA. Offenders who receive such designations face strict monitoring and registration requirements, which are designed to protect the community.

The decision also serves as a reminder of the importance of adhering to procedural rules in legal proceedings. Accurso's failure to request a downward departure during the original hearing limited his ability to appeal effectively. This case may influence future cases involving sex offender designations, as it underscores the necessity of following established legal processes.

What's Next

While the Appellate Division has affirmed the level two designation, it is unclear if Accurso will seek further appeals. Details were not available in the court filing regarding any related cases or future actions he may take. However, the ruling sets a precedent for how similar cases may be handled in the future.