Court Decision: Downward Departure to Level 1 Granted

Supreme Court, Kings County: People v. [redacted]

Downward Departure to Level 1 Granted

Our client pled guilty in federal court to possession of child pornography after he downloaded content from the Internet on three occasions. The Board of Examiners of Sex Offenders recommended that he be adjudicated a Level 1, but the prosecution sought a Level 2 finding. The hearing court agreed with the prosecution that he should be scored as a Level 2, but granted the defense request to grant a downward departure. The defense presented uncontested psychological evidence that our client immediately admitted guilt, had no sexual interest in children, fully cooperated with law enforcement, and had been at liberty for a combined period of 4 1/2 years without re-offense. The court adjudicated him a Level 1.

Ava C. Page represented our client