People v. Washington

Summary

The Appellate Division, First Department, affirmed an order adjudicating Charles Washington a level two sexually violent offender under New York's Sex Offender Registration Act. The court held that the defendant had not shown grounds for a downward departure to level one based on his legal blindness, prison achievements, or church contributions, and that the totality of circumstances did not warrant departure.

Holdings

1. Supreme Court providently exercised its discretion in declining to grant a downward departure to level one.

Questions Presented

1. Whether Supreme Court providently exercised its discretion in denying defendant's request for a downward departure from a level two SORA classification to level one.
2. Whether defendant's legal blindness, prison educational and vocational efforts, and church contributions constituted mitigating circumstances warranting a downward departure.

Disposition

affirmed