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Sex offender sentenced on new sex offense

Sex offender sentenced on new sex offense

Plea offer helped prevent child from having to testify
Sex offender sentenced on new sex offense
Dominique Lewis is seen in court Thursday with his lawyer for sentencing.
Photographer: Steven Cook

SCHENECTADY -- A Level 1 sex offender was sentenced Thursday to six years in state prison and 15 years of post-release supervision for sexually abusing a child.

Domique S. Lewis, 28, pleaded guilty in January to felony criminal sexual act, admitting to engaging in sexual conduct with a child younger than 15, prosecutors said. He was accused of committing the acts in September in Schenectady.

He had faced a more serious predatory sexual assault count that could have resulted in 25 years to life in state prison. The prosecution's plea offer helped prevent the child from having to testify at a trial, prosecutor Kyle Petit has said.

Lewis's prison sentence was set as part of the plea deal, leaving the length of supervision up to Judge Louise Sira.

His attorney, William Nowak, argued for the shortest possible amount of supervision -- five years -- saying his client took responsibility for his actions by pleading guilty.

Petit, however, argued the conviction is Lewis's second for a sex offense. Also, after Lewis pleaded guilty, he denied committing the offense during an interview with probation officers for a pre-sentence investigation report.

Petit also argued Lewis requires more supervision due to his criminal history, which includes a conviction for failing to register as a sex offender.

When he is released, Lewis, because of the two sex offense convictions, is expected to be classified as a Level 3 offender, the highest risk to re-offend, Petit said in court. Nowak, though, argued that is not a certainty.

Sira imposed the maximum amount of supervision allowed.

Lewis was a Level 1 sex offender based on a 2008 misdemeanor sexual misconduct conviction. The 2008 case involved a 14-year-old girl.

Lewis later was charged in Schenectady in December 2010 with failing to register as a sex offender, records show. He pleaded guilty the next year to the felony and was sentenced to nine months in jail, according to court documents.

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