Client Defeats SORA Upward Departure
On May 17, 2017, our client DW was determined to be a Level 2 sex offender, despite requests from the prosecution and the Board of Examiners of Sex Offenders for the judge to “upwardly depart” to a Level 3. The request for the Level 3 was based solely on DW’s commission of a subsequent nonsexual offense and was made despite the prosecution’s praise for DW’s rehabilitation in prison. The Bronx County Supreme Court judge ultimately was persuaded that the upward departure from DW’s scoring as a low Level 2 on the basis of a nonsexual offense was not warranted. The difference is significant for DW, since as a Level 3 he would have been barred from living in his family home because of its proximity to a school, even though his offense did not involve a child. He is now back home with his family. DW was represented by Julia Busetti.