EFTA01177413

Pursuant to Civil Rights Law § 50-b, the identities of the victims, who 
are the victims of sex offenses, shall be confidential, and this 
document shall not be made available for public inspection. 
To be argued 
DEBORAH L MORSE 
Petu Pork i§uprente Court 
Appellate Division - First Department 
THE PEOPLE OF THE STATE OF NEW YORK, 
Respondent, 
- against - 
JEFFREY E. EPSTEIN 
Dcfendant-Appellant. 
BRIEF 
FOR RESPONDENT 
CYRUS R. VANCE, JR. 
District Attorney 
New York County 
Attorney for Respondent 
One Hogan Place 
New York, New York 10013 
(212) 335-9000 
danyappeals®dany.nyc.gov 
GINA MIGNOLA 
DEBORAH L MORSE 
ASSISTANT DISTRICT ATTORNEYS 
Of Counsel 
EFTA01177413

TABLE OF CONTENTS 
Page 
TABLE OF AUTHORITIES 
ii 
INTRODUCTION 
1 
POINT 
THE SORA COURT'S DESIGNATION OF 
DEFENDANT AS A LEVEL-THREE OFFENDER 
WAS SUPPORTED OVERWHELMINGLY BY THE 
RECORD. THE PROCESS BY WHICH THE COURT 
REACHED AND DELIVERED THAT 
DETERMINATION WAS ENTIRELY FAIR AND 
PROPER 
33 
CONCLUSION 
63 
EFTA01177414

TABLE OF AUTHORITIES 
CASES 
Contrast People v. Ferguson, 53 A.D.3d 571 (2d Dept. 2008) 
57 
58 
43 
36 
35 
People v. Belter, 84 A.D.3d 905 (2d Dept. 2011) 
People v. Brensic, 70 N.Y.2d 9 (1987) 
People v. Conway, 47 A.D.3d 492 (1st Dept. 2008) 
People v. Guaman, 8 A.D.3d 545 (2d Dept. 2004) 
People v. Johnson, 77 A.D.3d 548 (1st Dept. 2010) 
38, 49 
People v. Kello, 96 N.Y.2d 740 (2001) 
39 
People v. Knox, 12 N.Y.3d 60 (2009) 
36 
People v. Mendez, 45 A.D.3d 429 (1st Dept. 2007) 
36 
People v. Mingo, 12 N.Y.3d 563 (2009) 
36-37, 40 
People v. O'Neal, 35 A.D.3d 302 (1st Dept. 2006) 
36 
People v. Pettigrew, 14 N.Y.3d 406 (2010) 
36 
People v. Roland, 292 A.D.2d 271 (1st Dept. 2002) 
38 
People v. Smith, 75 A.D.3d 1112 (4th Dept. 2010) 
58 
People v. Vasquez, 20 Misc.3d 37 (App. Term 1st Dept. 2008) 
37 
People v. Windham 10 N.Y.3d 801 (2008) 
36, 38 
STATUTES 
Corrections Law § 168-1 
29, 35 
Correction Law § 168-n(3) 
36, 58 
Correction Law § 169-8(3) 
36 
Fla. Stat 796.03 
1 
EFTA01177415

Ha. Stat. 796.07 
 1 
EFTA01177416

SUPREME COURT OF THE STATE OF NEW YORK 
APPELLATE DIVISION: FIRST DEPARTMENT 
THE PEOPLE OF THE STATE OF NEW YORK, 
Respondent, 
-against-
JEFFREY EPSTEIN, 
Defendant-Appellant. 
BRIEF FOR RESPONDENT 
INTRODUCTION 
Defendant, Jeffrey Epstein, appeals from an order of the Supreme Court, New 
York County (Ruth Pickholz, J.), entered on January 18, 2011, adjudicating him a 
level-three sex offender pursuant to the Sex Offender Registration Act ("SORA"). 
By the underlying judgment, defendant was convicted in Palm Beach County, Florida, 
by his plea of guilty, of Procuring a Person Under 18 for Prostitution (Fla. Stat. 
796.03) and Felony Solicitation of Prostitution (Fla. Stat 796.07). On June 30, 2008, 
defendant was sentenced to serve consecutive jail terms of 12 months and 6 months, 
to be followed by a 12-month term of Community Control. 
Defendant has 
completed his sentence. 
EFTA01177417

Apart from various other residential properties, defendant maintains homes 
both in Palm Beach, Florida, and on the Upper East Side of Manhattan. The SORA 
risk-level designation that defendant received in New York is the subject of this 
appeal. 
The criminal conduct underlying the SORA designation occurred in 
defendant's Palm Beach home. 
On March 15, 2005, a 14-year-old girl and her family made a report to the Palm 
Beach Police Department about sexual misconduct committed against her by then 51-
year-old defendant. For almost a year—from March 2005 to February 2006—the 
Palm Beach Police Department conducted an extensive investigation of defendant 
and two accomplices who had helped him lure young girls to the seclusion of his 
home. On May 1, 2006, a Palm Beach detective swore out a 22-page probable-cause 
affidavit detailing the results of dozens of police interviews as well as the first-hand 
observations of Palm Beach detectives. 
Among other things, the investigation revealed that defendant had been paying 
young girls—many from Royal Palm Beach High School who were 16 years of age or 
less—to come to his home and give him a massage as he lay naked, masturbated, and 
engaged in sexual contact with them. The sexual contact during these "massages" 
included vaginal intercourse, mouth to vagina sodomy, touching of the girl's breasts 
and vagina, placing his fingers inside the girl's vagina, and using a vibrator on the girl's 
vaginal area—always as he masturbated to climax. During certain time periods, 
defendant was receiving these "massages" two or three times a day. The girls were 
-2-
EFTA01177418

paid anywhere from $200 to $1,000 per massage, depending upon the nature of the 
sexual contact that they permitted. 
In July of 2006, five months after the investigation had concluded, the Palm 
Beach County State's Attorney's Office obtained an indictment charging defendant 
with one count of Felony Solicitation of Prostitution. Defendant was taken into 
custody. Almost two years later, on June 26, 2008, the State's Attorney's Office filed 
an information charging defendant with an additional crime—namely, Procuring a 
Person Under 18 For Prostitution. Four days later, on June 30, 2008, defendant 
pleaded guilty to both accusatory instruments—namely, one count each of Procuring 
a Person Under 18 for Prostitution and Felony Solicitation of Prostitution. That same 
day, defendant was sentenced to serve consecutive jail terms of 12 months and 6 
months, to be followed by a 12-month term of Community Control. 
Because one of the crimes required that defendant register in Florida as a sex-
offender, the fact that he also maintained a residence in Manhattan meant that he had 
to register in New York State as a sex offender as well. Following an investigation, 
the State of New York Board of Examiners of Sex Offenders ("The Board') 
recommended that, on the three-tier SORA classification scale, defendant be classified 
as a level-three sex offender. The Board reached that conclusion after having 
calculated defendant's risk assessment score at 130—solidly above the 110 qualifying 
number for level three. 
-3-
EFTA01177419

On January 18, 2011, after having received the appropriate notice months 
earlier, two attorneys—the ones who are representing defendant on appeal—
appeared before Justice Ruth Pickholz on defendant's behalf for a hearing to 
determine defendant's risk level; defendant chose not to attend the proceedings. At 
the hearing, defendant urged that a proper application of the SORA guidelines to his 
conduct warranted a level-one classification. 
Apparently misapprehending the 
governing legal standards, the People expressed concern about assessing points 
against defendant on the basis of the victim-accounts detailed in the probable-cause 
affidavit; the People seem to have based that position largely on the mistaken notion 
that only sexual conduct for which defendant had been formally charged could be 
considered when calculating his risk-assessment score. After hearing argument from 
both parties, and reviewing all the materials that had been submitted, the court 
adopted the recommendation made by the SORA Board and found defendant to be a 
level-three sex offender. 
On appeal, defendant contends that he was incorrectly classified a level-three 
offender and should have been classified a level-one offender instead. 
More 
particularly, defendant contends that the level-three designation lacked the support of 
clear and convincing evidence, and was based instead on improper considerations. 
Defendant further complains that the court rendered its ruling without affording the 
parties an opportunity to present evidence on disputed issues, and issued an order that 
-4-
EFTA01177420

lacked the requisite findings and conclusions. 
THE MATERIALS PROVIDED TO THE SORA COURT 
The Florida Probable-Cause Affidavit 
Among the materials provided to the SORA court was the probable-cause 
affidavit prepared by detectives of the Palm Beach Police Department (A6-27). This 
22-page document, sworn to by a detective, outlined the findings of a "sexual battery" 
investigation beginning on March 15, 2005, and extending through February of 2006 
(A6).' The numerous interviews conducted by the Palm Beach Police produced 
sworn, tape-recorded statements from what the police denominated as five victims 
and seventeen witnesses. 
The statements concerned "massages" provided to 
defendant by high school girls in exchange for money, and "other unlawful sexual 
activity" by defendant involving those young girls, in defendant's Palm Beach home 
(A6). 
Defendant was 51 years of age at the time of four of the specified criminal 
incidents, and 52 years of age at the time of the fifth (A27). 
The affidavit revealed that defendant had set up, and maintained, a highly 
organized operation to satisfy his compulsive need for young girls. Most of the 
victims were students at Royal Palm Beach High School (A6). And, defendant had 
Parenthetical numerical references preceded by "A" are to the pages of Defendant's 
Appendix. 
-5-
EFTA01177421

maintained a steady and orderly stream of these girls with the aid of various 
employees. For the equivalent of a finder's fee, 
a student at Royal 
Palm Beach High School, recruited classmates to perform these so-called "massages." 
defendant's adult assistant, regularly was present at defendant's house at 
the time of the massages, recorded the girls' names and contact information for future 
reference, and set up appointments for the girls to come to the house at regular 
intervals on each day that defendant was in town (A6). 
The affidavit further revealed that most of the "massage" sessions themselves 
followed a regular routine. Upon arrival at defendant's house, the victim was escorted 
to defendant's bedroom, where defendant entered the room wearing nothing but a 
towel and instructed the girl to remove her clothes as well (A6). As the girl provided 
the massage in some state of undress, which usually consisted of only panties, 
defendant subjected her to some sort of sexual contact—including rubbing her vagina 
with his fingers or a vibrator, or inserting his penis or fingers into her vagina (A6). At 
the conclusion of the massage, the girls were given cash in sums ranging from $200 to 
$1,000, depending upon the extent of the sexual contact (A6). More particularly, the 
affidavit related the following specific accounts: 
The Statements By Girls Who Had Provided "Massages" 
During an interview that was sworn and tape-recorded, 14-year-old ■, 
a 
student at Royal Palm Beach High School, reported to detectives that 
had 
-6-
EFTA01177422

offered her an opportunity to make money, and then had picked her up at home and 
driven her to defendant's house (A6-7). The two entered the house through the 
kitchen door, and were met shortly afterwards by defendant and 
Ai). 
escorted 
up a flight of stairs, past walls lined with photographs, to a room 
containing a massage table and a "hot-pink and green" sofa (AD. There was a mural 
of a naked woman in the room, and on a shelf there were several photographs of 
naked women (A7). 
-7-
EFTA01177423

(A8). As they left the house, 
said that she had received $200 for having 
brought 
to defendant's house that day (A8). 
In a statement that was sworn and tape-recorded, 
reported that she was 
16 years of age when 
asked if she wanted to "make money for Christmas"; she 
agreed (A23). ■drove 
to defendant's house, where a white woman with long 
blond hair led her up a spiral staircase to a bedroom containing a massage table; there 
was a steam room and shower in the bathroom next door (A23). The woman said 
that massage oils would be there, and that defendant would select the one he wanted 
(A23). Defendant was wearing only a towel, and he selected the oils that he wanted 
to use (A23-24). 
-8-
EFTA01177424

During a statement that was sworn and tape-recorded, 
reported that, at 16 
years of age, in September of 2004, 
had offered her a chance to make money 
(A13). From conversations with friends at Royal Palm Beach High School, ■ 
knew 
"what 
did for [defendant]," and■ agreed (A13). 
drove 
to 
defendant's house, where they entered through the kitchen and met defendant (A13). 
escorted 
upstairs—past many photographs of naked girls—to a 
-9-
EFTA01177425

received $200 in cash, and gave her telephone number to 
on the way out of the 
house (A14). 
did not provide a massage for defendant on any other occasion, but she 
accompanied 
to defendant's house on two occasions when 
brought 
other girls there (A14). One of those girls was' 
friend, 
who was sixteen 
years of age (A14). The time they took 
the three entered the house through the 
kitchen, where they were met by 
(A14). 
and 
both escorted 
to the upstairs bedroom, and later 
gave 
$100 for having brought 
to defendant's house (A14). 
During a statement that was sworn and tape-recorded, 
eported that, at 
the suggestion of a classmate at Royal Palm Beach High School, she had given 
defendant massages at his house when she was 16 years of age (A16). On the first 
visit, the classmate took her to defendant's house, where they entered through the 
kitchen and were met by 
(A16). As 
led her upstairs, 
saw that, on 
the wall and on tables, there were photographs of naked women (A16). Once in the 
bedroom, 
set up a massage table and oils, and shortly afterwards defendant 
emerged from a steam room and shower area wearing only a towel (A16). Defendant 
-10-
EFTA01177426

(A16). 
was given $200 that day, and defendant asked her to leave her cell phone 
number so he could contact her "when [he] was in town" (A16). 
returned to defendant's home "hundreds of times" over the course of the 
next two years to provide these massages; she became defendant's "number one girl" 
(A16). Every time defendant was in Palm Beach, 
called 
and scheduled 
appointments for 
to "work" for defendant (A17). A "routine" was established—
At some point, "things escalated" during the massage sessions: at defendant's 
(A17). Defendant sometimes photographed the naked sex sessions between 
and 
and he displayed the photographs in his home (A17). 
-11-
EFTA01177427

Things "continued to escalate," and 
received additional money whenever 
something new was introduced into the routine (A17). 
had an "understanding" 
with defendant, however, that he would not penetrate her vagina with his penis (A17). 
Defendant's penis was "deformed"—when erect, it was "thick" toward the base, but 
"thin and small" toward the head; it was shaped like an "egg" or an "oval" (A17). 
During one massage, Wand 
kissed and fondled each other's breasts as 
"screamed," "No!" and defendant stopped (A17). 
Defendant apologized and 
gave her $1,000 that day (A17).2
During a statement that was sworn and tape-recorded, 
related that, at 15 
years of age, she was approached by 
a classmate at Royal Palm Beach 
High School and asked about modeling lingerie at the home of a wealthy Palm Beach 
man (A24-25). When they arrived at defendant's home,■ and 
were served 
dinner by defendant's personal chef (A25). After dinner, defendant and 
took 
■to 
an upstairs bedroom, where there was a massage table (A25). When defendant 
s e a. to • 
earresung 
o icer i a s e a in orma on a ou sexu 
ac • vi 
a 
e en ant's house (A15-16). As 
noted on pages 26-27, infra, the police subsequently found 
name and cell phone 
number on discarded papers that were retrieved from defendant's trash (A16), and recovered 
a copy of her high school transcript from defendant's bedroom desk (A23). 
-12-
EFTA01177428

entered wearing only a towel, 
said she and 
were going to give defendant a 
massage (A25). 
asked why they were doing that instead of modeling, and Miller 
said it was defendant's "routine" (A25). 
undressed at defendant's direction, until 
Defendant paid 
$200 (A25). He said that "bad things could happen" if 
she told anyone what had taken place in his house (A25). Defendant's "houseman" 
drove 
and 
home, and ■was afraid about the fact that defendant knew 
where she lived (A25). When 
called her several days later to set up another 
appointment for "work," ■ 
agreed (A25). Once at defendant's house, 
escorted 
to the bedroom and prepared the room for the massage (A25). 
was paid $200, and defendant threatened 
her again— saying that "bad things would happen" if she talked about what had 
happened (A25). 
wanted to notify the authorities but was afraid of what might 
happen to her or her family (A25). 
-13-
EFTA01177429

In a statement that was sworn and tape-recorded,M related that she was 16 
years of age when a fellow student at Royal Palm Beach High School said 
could 
make $200 by providing massages to defendant while topless (A21-22). Entering the 
house through the kitchen, 
was escorted upstairs to a bedroom that had a 
massage table and a large pink couch (A22). Defendant entered the room wearing 
only a towel, lay face-down on the table, and selected the oils to be used (A22). 
was given $200 for 
that massage (A22). 
During a return visit, 
again was led to the upstairs bedroom, and 
defendant entered wearing only a towel (A22). 
At defendant's direction, 
that point, and 
received $200 that day (A22). 
did not provide any more 
massages (A22). 
During a tape-recorded statement, 
related that, when she was sixteen years 
of age, her classmate 
took her to defendant's house on two occasions (A11). 
-14-
EFTA01177430

The first time, 
drove, they entered through the kitchen door, and they were 
met there by defendant and 
(A11-12). 
escorted her to a bedroom, 
where 
set up a massage table and oils, and entered the room wearing only a 
towel (Al2). Defendant lay on the table, selected an oil for, to use, and she began 
the massage (Al2). When defendant tried to remove■ shirt, she became upset 
and discontinued the massage (Al2). ■ 
left the house and did not receive any 
money (Al2). 
had told her to tell defendant if she was "uncomfortable" and 
defendant would "stop" (Al2). ■ 
also knew that "the more you do, the more you 
get paid" (Al2). 
Several weeks later,1 agreed to return to defendant's house with 
(Al2). Again they entered through the kitchen was escorted upstairs by 
and 
set up the massage table and oils (Al2). During the massage, defendant 
Defendant gave her $200 that day, and. did not 
return (Al2). 
During a statement that was sworn and tape-recorded, a student whose 
birthdate wa: 
reported having been approached by
 and offered 
money to provide a "massage" to "a wealthy man in Palm Beach" (Al2). 
drove the girl to defendant's house, where they entered through the kitchen and met 
-15-
EFTA01177431

defendant and 
(Al2). 
took the girl upstairs to a bedroom, where= 
During a statement that was sworn and tape-recorded, a girl whose birthdate 
wa
related that she had been told she could make some "quick money" 
by providing a massage while dressed only in underwear (A18). The girl was driven to 
defendant's home, where she and the other girl entered through the kitchen door and 
went to an upstairs bedroom, where there was a massage table near a sauna/shower 
area and photographs of naked women throughout the room (A18). 
Defendant 
-16-
EFTA01177432