People v. Worrell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
“A downward departure from a sex offender’s presumptive risk level generally is warranted only where ‘there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account’ by the Sex Offender Registration Act (hereinafter SORA) Guidelines” (People v Martinez-Guzman, 109 AD3d 462, 462 [2013], lv denied 22 NY3d 854 [2013], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Fryer, 101 AD3d 835, 836 [2012]). “ ‘A defendant seeking a downward departure has the initial burden of (1)…
2Cases cited9 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. FryerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SherardAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by32 opinions
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- People v. NethercottAppellate Division of the Supreme Court of the State of New York · 2014
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