People v. Worrell

“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)…