People v Call

Holding The Appellate Division reversed the defendant’s designation as a level three sex offender and designated him a level two sex offender because the People failed to prove aggravating circumstances warranting an upward departure. The court affirmed the denial of the defendant’s application for a downward departure, finding that the substantial age disparity between the parties warranted maintaining the presumptive risk level.

The court’s words

The People failed to identify an aggravating factor that tends to establish a higher likelihood of reoffense or danger to the community not adequately taken into account by the risk assessment instrument

2026 NY Slip Op 06335, at the official text

The ongoing nature of the defendant's relationship with the victim, if anything, tended to demonstrate a lower likelihood of reoffense and danger to the community

2026 NY Slip Op 06335, at the official text

The County Court considered, among other things, the substantial age disparity between the then 31-year-old defendant and the victim who was 14-years-old at the time the defendant began sexual relations with her starting in 2012

2026 NY Slip Op 06335, at the official text