People v. Fernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant contends that the Supreme Court erred in denying his request for a downward departure from his presumptive level two risk assessment.
A downward departure from the presumptive risk level is generally only warranted where there exists a mitigating factor of a kind, or to a degree, that is not otherwise adequately taken into account by the Sex Offender Registration Act (hereinafter SORA) Guidelines (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; People v Martin, 90 AD3d 728 [2d Dept 2011]). Here, the factor upon which the defendant relied…
2Cases cited6 opinions
- People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MigliaccioAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2005
- People v. IorioAppellate Division of the Supreme Court of the State of New York · 2010
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