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People v. Catalano
Citation: 2019 NY Slip Op 9214Docket: 1266 KA 18-01551
Court: Appellate Division of the Supreme Court of the State of New York; December 19, 2019; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division of the Fourth Department affirmed the Monroe County Court's order determining Vincent Catalano as a level two risk under the Sex Offender Registration Act. Catalano appealed, arguing for a downward departure from his presumptive risk level. The court acknowledged that a downward departure is possible in certain cases, particularly when a victim’s lack of consent is solely due to age. However, it found that Catalano's situation did not meet those criteria. The court emphasized the significant age difference between the 25-year-old defendant and the two 15-year-old victims, the absence of evidence supporting his claim that the victims willingly engaged in sexual activity, and his proximity to the threshold for a level three risk. Thus, the application of the risk level was upheld without costs.