You are here: / / FIRST DEPT REDUCED DEFENDANT’S SORA RISK LEVEL FROM THREE TO TWO,...

FIRST DEPT REDUCED DEFENDANT’S SORA RISK LEVEL FROM THREE TO TWO, BASED PRIMARILY UPON DEFENDANT’S USE OF EDUCATIONAL AND REHABILITATIVE RESOURCES WHILE IN PRISON.

The First Department took the unusual step of reducing defendant’s SORA risk level from three to two. Defendant committed a heinous rape 30 years ago when he was using drugs and alcohol. While in prison defendant earned two bachelor degrees and completed many therapeutic programs:

The Court of Appeals has enunciated a three-step process for determining whether to depart downward from a defendant’s presumptive risk level … . First, a court must decide whether the proffered mitigating circumstance or circumstances are “of a kind, or to a degree, not adequately taken into account by the guidelines” … . Second, a court must determine whether the defendant seeking a downward departure has proven the existence of these alleged mitigating circumstances by a preponderance of the evidence … . If the defendant surmounts these first two steps, a court must then exercise its discretion and determine at the final third step, “whether the totality of the circumstances warrants a departure” …. .

Here, we find that, under this three-step analysis, a departure to level two is warranted. Initially, we note that defendant has met his burden of proving the existence of mitigating circumstances unaccounted for in the Guidelines by a preponderance of the evidence. Defendant’s remarkable rehabilitation and his pain and mobility problems constitute, in this case, the sort of “special circumstances” for which a downward departure is appropriate … . Moreover, defendant supported his application with a number of exhibits, including his degrees, his medical records, and his letters of recommendation. People v Williams, 2017 NY Slip Op 01988, 1st Dept 3-21-17

 

CRIMINAL LAW (FIRST DEPARTMENT REDUCED DEFENDANT’S SORA RISK LEVEL FROM THREE TO TWO, BASED PRIMARILY UPON DEFENDANT’S USE OF EDUCATIONAL AND REHABILITATIVE RESOURCES WHILE IN PRISON)/SEX OFFENDER REGISTRATION ACT (SORA) (FIRST DEPARTMENT REDUCED DEFENDANT’S SORA RISK LEVEL FROM THREE TO TWO, BASED PRIMARILY UPON DEFENDANT’S USE OF EDUCATIONAL AND REHABILITATIVE RESOURCES WHILE IN PRISON)

You might also like
UNDER THE FACTS, PLAINTIFF CAN ASSERT A CLAIM FOR TORTIOUS INTERFERENCE WITH CONTRACT AGAINST DEFENDANT, EVEN THOUGH BOTH ARE SIGNATORIES TO THE MULTILATERAL CONTRACTS; THE PARTIES HAVE DIFFERENT RIGHTS AND DUTIES UNDER THE CONTRACTS (FIRST DEPT).
The “Following the Settlements” Doctrine and “Following Form” Clauses as They Apply to Reinsurers Discussed in Some Depth
CONTINUOUS REPRESENTATION DOCTRINE APPLIED TO AN ENGINEERING FIRM HIRED TO OVERSEE AN HVAC INSTALLATION PROJECT; THE THREE-YEAR NEGLIGENCE STATUTE OF LIMITATIONS WAS TOLLED BY THE CONTINUOUS REPRESENTATION DOCTRINE AND THE ACTION WAS TIMELY (FIRST DEPT).
SPEED OF PLAINTIFF BICYCLIST RAISED A QUESTION OF FACT RE HIS COMPARATIVE NEGLIGENCE.
LAY WITNESSES PROPERLY ALLOWED TO IDENTIFY THE PERSON DEPICTED IN A VIDEO AS THE DEFENDANT (FIRST DEPT).
DEFENDANT RAILROAD’S MOTION FOR SUMMARY JUDGMENT IN THIS FEDERAL EMPLOYERS’ LIABILITY ACT (FELA) ACTION BY A RAILROAD EMPLOYEE WHO WAS ASSAULTED BY A PASSENGER PROPERLY DENIED (FIRST DEPT).
Landlord Not Entitled to Reformation of a Lease—Landlord Had Failed to Use Due Diligence Before Signing and Did Not Notice a Deletion Made by Plaintiff—Plaintiff Was Not Obligated to Highlight the Deletion
DENIAL OF A FOR CAUSE CHALLENGE TO A JUROR WHO SAID IT WOULD BE DIFFICULT TO REACH A VERDICT WITHOUT HEARING FROM THE DEFENDANT REQUIRED REVERSAL (FIRST 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 © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

TRIVIAL DEFECT IN SIDEWALK NOT ACTIONABLE, DESPITE ABSENCE OF NEGLIGENCE BROAD... PLAINTIFF’S INABILITY TO PINPOINT THE CAUSE OF HIS FALL FROM A LADDER...