Denial of Downward Departure Was Error, Resulting in Level One Adjudication
The hearing court denied a request for a downward departure and issued a Level Two adjudication. The Appellate Division reversed, noting that lengthy periods at liberty after the offense are significant in determining the risk of reoffense. Because, in the instant case, there were 17 years at liberty without any reoffense, a downward departure to Level One was appropriate.
Martin B. Sawyer represented Mr. Gurley
