You are here: / / CRIMINAL LAW/SEX OFFENDER REGISTRATION ACT (SORA) Criteria for Downward...
,

CRIMINAL LAW/SEX OFFENDER REGISTRATION ACT (SORA) Criteria for Downward Departure Explained (Not Met Here)

The Second Department, in finding the defendant was not entitled to a downward departure to reduce his risk assessment, explained the downward departure criteria:

There is a three-step process to be followed in determining whether a downward departure is appropriate … . “At the first step, the court must decide whether the . . . mitigating circumstances alleged by [the defendant] are, as a matter of law, of a kind or to a degree not adequately taken into account by the guidelines. At the second step, the court must decide whether the [defendant] has adduced sufficient evidence to meet [his or her] burden of proof in establishing that the alleged . . . mitigating circumstances actually exist in the case at hand . . . . [A]t the third step, the court must exercise its discretion by weighing the . . . mitigating factors to determine whether the totality of the circumstances warrants a departure to avoid an [over-assessment] of the defendant’s dangerousness and risk of sexual recidivism” … .

Upon our application of the standards set forth in People v Gillotti (23 NY2d 841), the record does not demonstrate the appellant’s entitlement to a downward departure … . The appellant failed to prove, by a preponderance of the evidence …, the existence of any mitigating circumstance “of a kind or to a degree not adequately taken into account by the guidelines” … . People v Stewart, 2015 NY Slip Op 02741, 2nd Dept 4-1-15

 

You might also like
Criteria for Valuation of Vacant Land Explained
Criteria for “Trivial Defect” and “Open and Obvious” Explained
CORPORATE OFFICER WHO SIGNED THE CONTRACT AT ISSUE WAS NOT UNITED IN INTEREST WITH THE CORPORATION, THEREFORE THE ATTEMPT TO ADD AN UNTIMELY FRAUD CAUSE OF ACTION AGAINST THE OFFICER WAS NOT POSSIBLE UNDER THE RELATION BACK DOCTRINE (SECOND DEPT).
TIME TO SERVE DEFENDANT, WHO LIVED IN INDIA, IN THIS FORECLOSURE ACTION WAS PROPERLY EXTENDED IN THE INTEREST OF JUSTICE BUT SUPREME COURT SHOULD NOT HAVE DIRECTED AN ALTERNATIVE METHOD OF SERVICE, CRITERIA EXPLAINED (SECOND DEPT).
Primary Assumption of Risk Prohibited Suit by Student Softball Player Injured When Struck by the Ball
Criteria for Derivative Neglect Finding Explained (Evidence Insufficient)
CAUSE OF ACTION AGAINST THE LANDOWNER FOR A SLIP AND FALL IN THE LESSEE’S SHOPPING CENTER PARKING LOT SHOULD NOT HAVE BEEN DISMISSED BECAUSE THE LANDOWNER HAD SOME REPAIR RESPONSIBILITIES UNDER THE LEASE; ALTHOUGH THE ORIGINAL SUMMONS AND COMPLAINT DESCRIBED THE WRONG PROPERTY ADDRESS, THE AMENDED COMPLAINT, SERVED AFTER THE EXPIRATION OF THE STATUTE OF LIMITATIONS, WAS TIMELY UNDER THE RELATION-BACK DOCTRINE (SECOND DEPT).
PLAINTIFF STUDENT WAS ASSAULTED BY ANOTHER STUDENT AND SUED THE SCHOOL UNDER A NEGLIGENT SUPERVISION THEORY; THE SCHOOL’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Court’s Failure to Share Entire Contents of Note from Jury Constituted... Court’s Power to Review Dismissal for Academic Reasons Explained