downward departure analysis (New York) · Go Syfert
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downward departure analysis in New York

10 New York opinions name it 2 courts 2013–2026 8 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Gillottigreen
ny · 2014 · cited in 9 New York opinions naming this issue, 2019–2026
2 sentences

2026We conclude, after "weighing the aggravating and mitigating factors" at the third step of the downward departure analysis, that the totality of the circumstances does not warrant a downward departure ( People v Gillotti , 23 NY3d 841, 861 [2014]; see People v Allis , 229 AD3d 1375, 1376 [4th Dept 2024]).

2026We conclude, after "weighing the aggravating and mitigating factors" at the third step of the downward departure analysis, that the totality of the circumstances does not warrant a downward departure (<i>People v Gillotti</i>, 23 NY3d 841, 861 [2014]; <i>see People v Allis</i>, 229 AD3d 1375 , 1376 [4th Dept 2024]).</p> <p>Entered: April 24, 2026</p> <p>Ann Dillon Flynn</p> <p>Clerk of the Court</p> </div> <div> <footer> <div> <p>Court Decisions</p> All Court Decisions Official Reports Service Bound Volumes Decision Search </div> <div> <p>Resources</p> RSS Feeds Style Manual Citation Tools Opi

49
The People v. Dennis J. Sincerbeauxgreen
ny · 2016 · cited in 3 New York opinions naming this issue, 2021–2025
2 sentences

2025Finally, even assuming, arguendo, that defendant satisfied his burden with respect to the first two steps of the downward departure analysis ( see generally Gillotti , 23 NY3d at 861 ), we conclude on this record, after applying the third step of weighing the aggravating and mitigating factors, that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk level does not represent an over-assessment of his dangerousness and risk of sexual recidivism ( see People v Wolcott , 232 AD3d 1321 , 1322-1323 [4th Dept 2024]; People v Pope , 229 AD3

2024Finally, even assuming, arguendo, that defendant satisfied his burden with respect to the first two steps of the downward departure analysis ( see generally People v Gillotti , 23 NY3d 841, 861 [2014]), we conclude on this record, after applying the third step of weighing the aggravating [*2]and mitigating factors, that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk level does not represent an over-assessment of his dangerousness and risk of sexual recidivism ( see Harris , 217 AD3d at 1387-1388 ; People v Burgess , 191 AD3d 125

33
People v. Allisgreen
nyappdiv · 2024 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026We conclude, after "weighing the aggravating and mitigating factors" at the third step of the downward departure analysis, that the totality of the circumstances does not warrant a downward departure ( People v Gillotti , 23 NY3d 841, 861 [2014]; see People v Allis , 229 AD3d 1375, 1376 [4th Dept 2024]).

2026We conclude, after "weighing the aggravating and mitigating factors" at the third step of the downward departure analysis, that the totality of the circumstances does not warrant a downward departure (<i>People v Gillotti</i>, 23 NY3d 841, 861 [2014]; <i>see People v Allis</i>, 229 AD3d 1375 , 1376 [4th Dept 2024]).</p> <p>Entered: April 24, 2026</p> <p>Ann Dillon Flynn</p> <p>Clerk of the Court</p> </div> <div> <footer> <div> <p>Court Decisions</p> All Court Decisions Official Reports Service Bound Volumes Decision Search </div> <div> <p>Resources</p> RSS Feeds Style Manual Citation Tools Opi

11
People v. Stevensgreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2024–2024
1 sentence

2024Moreover, even assuming, arguendo, that defendant met his burden on the first two steps of the downward departure analysis ( see generally Gillotti , 23 NY3d at 861 ), we conclude that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk [*2]level does not represent an overassessment of his dangerousness and risk of sexual recidivism given, among other factors, the nature and volume of images possessed by defendant ( see Stevens , 207 AD3d at 1062).

11
People v. Burgessgreen
nyappdiv · 2021 · cited in 1 New York opinions naming this issue, 2024–2024
1 sentence

2024Finally, even assuming, arguendo, that defendant satisfied his burden with respect to the first two steps of the downward departure analysis ( see generally People v Gillotti , 23 NY3d 841, 861 [2014]), we conclude on this record, after applying the third step of weighing the aggravating [*2]and mitigating factors, that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk level does not represent an over-assessment of his dangerousness and risk of sexual recidivism ( see Harris , 217 AD3d at 1387-1388 ; People v Burgess , 191 AD3d 125

11
People v. Wrightgreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023Contrary to the court's reasoning, it is well established that [*2]"[w]here, as here, a defendant meets the initial burden, under step three of the analysis the court must exercise its discretion by weighing the mitigating factor [and any aggravating factors] to determine whether the totality of the circumstances warrants a departure to avoid an overassessment of the defendant's dangerousness and risk of sexual recidivism" ( People v Wright , 215 AD3d 1258, 1259 [4th Dept 2023] [internal quotation marks omitted]; see Gillotti , 23 NY3d at 861 ).

11
People v. Botindarigreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021Upon weighing the mitigating circumstances against the aggravating circumstances—most prominently "the nature and duration of the sexual abuse, including the victim[s'] young age[s] when the abuse began and defendant's exploitation of his [familial] relationship of trust with the victim[s]" ( People v Botindari , 107 AD3d 1607, 1608 [4th Dept 2013]; see People v Montes , 134 AD3d 1083, 1083-1084 [2d Dept 2015], lv denied 27 NY3d 904 [2016]; People v May , 77 AD3d 1388, 1388 [4th Dept 2010])—we conclude that the totality of the circumstances does not warrant a downward departure inasmuch as def

11
People v. Maygreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021Upon weighing the mitigating circumstances against the aggravating circumstances—most prominently "the nature and duration of the sexual abuse, including the victim[s'] young age[s] when the abuse began and defendant's exploitation of his [familial] relationship of trust with the victim[s]" ( People v Botindari , 107 AD3d 1607, 1608 [4th Dept 2013]; see People v Montes , 134 AD3d 1083, 1083-1084 [2d Dept 2015], lv denied 27 NY3d 904 [2016]; People v May , 77 AD3d 1388, 1388 [4th Dept 2010])—we conclude that the totality of the circumstances does not warrant a downward departure inasmuch as def

11
People v. Kowalgreen
nyappdiv · 2019 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021Applying the correct standard ( see Gillotti , 23 NY3d at 860-861 ), even assuming, arguendo, that defendant satisfied his burden at the first and second steps of the downward departure analysis, at the third step of that analysis we have " 'weigh[ed] the aggravating and mitigating factors [and] determin[ed that] the totality of the circumstances' " do not warrant a downward departure to level one ( Kowal , 175 AD3d at 1059).

11
People v. Montesgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021Upon weighing the mitigating circumstances against the aggravating circumstances—most prominently "the nature and duration of the sexual abuse, including the victim[s'] young age[s] when the abuse began and defendant's exploitation of his [familial] relationship of trust with the victim[s]" ( People v Botindari , 107 AD3d 1607, 1608 [4th Dept 2013]; see People v Montes , 134 AD3d 1083, 1083-1084 [2d Dept 2015], lv denied 27 NY3d 904 [2016]; People v May , 77 AD3d 1388, 1388 [4th Dept 2010])—we conclude that the totality of the circumstances does not warrant a downward departure inasmuch as def

11
People v. Greengreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019Applying the proper standard, and even assuming, arguendo, that defendant satisfied his burden at the first and second steps of the downward departure analysis (see generally Gillotti, 23 NY3d at 861 ), at the third step of that analysis we have "weigh[ed] the aggravating and mitigating factors [and] determin[ed that] the totality of the circumstances" do not warrant a downward departure to level one ( id. ; see People v Green, 137 AD3d 498, 498 [1st Dept 2016]; People v Belile, 108 AD3d 890 , 891 [3d Dept 2013], lv denied 22 NY3d 853 [2013]; cf. People v Weatherley, 41 AD3d 1238, 1238-1239 [4

11
People v. Weatherleygreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019Applying the proper standard, and even assuming, arguendo, that defendant satisfied his burden at the first and second steps of the downward departure analysis (see generally Gillotti, 23 NY3d at 861 ), at the third step of that analysis we have "weigh[ed] the aggravating and mitigating factors [and] determin[ed that] the totality of the circumstances" do not warrant a downward departure to level one ( id. ; see People v Green, 137 AD3d 498, 498 [1st Dept 2016]; People v Belile, 108 AD3d 890 , 891 [3d Dept 2013], lv denied 22 NY3d 853 [2013]; cf. People v Weatherley, 41 AD3d 1238, 1238-1239 [4

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
People v. Guevara green
nyappdiv · 2025
1 sentence

2026In any event, a downward departure is not warranted, as the purported mitigating factors either were adequately taken into account by the defendant's risk factor score, or do not reduce his dangerousness or risk of reoffense ( see People v Gillotti , 23 NY3d at 861 ; People v Corinaldi , 248 AD3d 1064 , 1065; People v Lopez-Moranchel , 247 AD3d 1072 , 1073; People v Moran , 244 AD3d 1250 , 1253; People v Guevara , 240 AD3d 622 , 623).

12026–2026
People v. Lopez-Moranchel neutral
nyappdiv · 2026
1 sentence

2026In any event, a downward departure is not warranted, as the purported mitigating factors either were adequately taken into account by the defendant's risk factor score, or do not reduce his dangerousness or risk of reoffense ( see People v Gillotti , 23 NY3d at 861 ; People v Corinaldi , 248 AD3d 1064 , 1065; People v Lopez-Moranchel , 247 AD3d 1072 , 1073; People v Moran , 244 AD3d 1250 , 1253; People v Guevara , 240 AD3d 622 , 623).

12026–2026
People v. Corinaldi neutral
nyappdiv · 2026
1 sentence

2026In any event, a downward departure is not warranted, as the purported mitigating factors either were adequately taken into account by the defendant's risk factor score, or do not reduce his dangerousness or risk of reoffense ( see People v Gillotti , 23 NY3d at 861 ; People v Corinaldi , 248 AD3d 1064 , 1065; People v Lopez-Moranchel , 247 AD3d 1072 , 1073; People v Moran , 244 AD3d 1250 , 1253; People v Guevara , 240 AD3d 622 , 623).

12026–2026
People v. Morrison neutral
nyappdiv · 2026
1 sentence

2026The defendant's contention that a downward departure from his presumptive risk level is warranted based on purported mitigating factors is unpreserved for appellate review, since the defendant did not request a downward departure at the hearing ( see People v Gillotti , 23 NY3d 841 , 861 n 5; People v Morrison , 248 AD3d 1289 ).

12026–2026
People v. Moran green
nyappdiv · 2025
1 sentence

2026In any event, a downward departure is not warranted, as the purported mitigating factors either were adequately taken into account by the defendant's risk factor score, or do not reduce his dangerousness or risk of reoffense ( see People v Gillotti , 23 NY3d at 861 ; People v Corinaldi , 248 AD3d 1064 , 1065; People v Lopez-Moranchel , 247 AD3d 1072 , 1073; People v Moran , 244 AD3d 1250 , 1253; People v Guevara , 240 AD3d 622 , 623).

12026–2026
People v. Pope neutral
nyappdiv · 2024
1 sentence

2025Finally, even assuming, arguendo, that defendant satisfied his burden with respect to the first two steps of the downward departure analysis ( see generally Gillotti , 23 NY3d at 861 ), we conclude on this record, after applying the third step of weighing the aggravating and mitigating factors, that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk level does not represent an over-assessment of his dangerousness and risk of sexual recidivism ( see People v Wolcott , 232 AD3d 1321 , 1322-1323 [4th Dept 2024]; People v Pope , 229 AD3

12025–2025
People v. Wolcott green
nyappdiv · 2024
1 sentence

2025Finally, even assuming, arguendo, that defendant satisfied his burden with respect to the first two steps of the downward departure analysis ( see generally Gillotti , 23 NY3d at 861 ), we conclude on this record, after applying the third step of weighing the aggravating and mitigating factors, that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk level does not represent an over-assessment of his dangerousness and risk of sexual recidivism ( see People v Wolcott , 232 AD3d 1321 , 1322-1323 [4th Dept 2024]; People v Pope , 229 AD3

12025–2025
People v. Harris green
nyappdiv · 2023
1 sentence

2024Finally, even assuming, arguendo, that defendant satisfied his burden with respect to the first two steps of the downward departure analysis ( see generally People v Gillotti , 23 NY3d 841, 861 [2014]), we conclude on this record, after applying the third step of weighing the aggravating [*2]and mitigating factors, that the totality of the circumstances does not warrant a downward departure inasmuch as defendant's presumptive risk level does not represent an over-assessment of his dangerousness and risk of sexual recidivism ( see Harris , 217 AD3d at 1387-1388 ; People v Burgess , 191 AD3d 125

12024–2024
People v. Belile green
nyappdiv · 2013
1 sentence

2019Applying the proper standard, and even assuming, arguendo, that defendant satisfied his burden at the first and second steps of the downward departure analysis (see generally Gillotti, 23 NY3d at 861 ), at the third step of that analysis we have "weigh[ed] the aggravating and mitigating factors [and] determin[ed that] the totality of the circumstances" do not warrant a downward departure to level one ( id. ; see People v Green, 137 AD3d 498, 498 [1st Dept 2016]; People v Belile, 108 AD3d 890 , 891 [3d Dept 2013], lv denied 22 NY3d 853 [2013]; cf. People v Weatherley, 41 AD3d 1238, 1238-1239 [4

12019–2019
People v. King green
nyappdiv · 2010
1 sentence

2013A downward departure is warranted where there exists a “mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines.” (People v King, 74 AD3d 1162 , 1163 [2d Dept 2010] [citations omitted]; People v Fareira, 80 AD3d 589 [2d Dept 2011].) The defendant must demonstrate that a downward departure is warranted by a preponderance of the evidence.

12013–2013
People v. Fareira green
nyappdiv · 2011
1 sentence

2013A downward departure is warranted where there exists a “mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines.” (People v King, 74 AD3d 1162 , 1163 [2d Dept 2010] [citations omitted]; People v Fareira, 80 AD3d 589 [2d Dept 2011].) The defendant must demonstrate that a downward departure is warranted by a preponderance of the evidence.

12013–2013

Statutes the citing opinions construe

NY § N.Y. Correction Law § 168 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 10 (1994–2025) NY 10 (2013–2026) FL 5 (2002–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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