Court Decision: Prosecution's Request for an Upward Departure Rejected, Client Adjudicated Level 1

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

Prosecution’s Request for an Upward Departure Rejected, Client Adjudicated Level 1

In 2017, our client was convicted of second-degree attempted criminal sexual act, arising out of sexually explicit communications with an undercover officer posing as a teenage girl. Although the Board of Examiners of Sex Offenders recommended a Level 1, the prosecution sought an upward departure to Level 2. Following a hearing, the court agreed with our argument that an upward departure was not warranted, due to our client’s rehabilitation in prison and the extensive specialized post-release supervision he would be under.

Jenna Hymowitz represented our client