People v. Carnegie

Summary

The Court of Appeals affirmed both defendants' SORA risk-level designations, holding that young age at the time of a first sex offense cannot support a downward departure because the Risk Assessment Instrument treats that circumstance as an aggravating factor and assigns points for it. The court held that family support and stable employment are legally cognizable mitigating factors requiring consideration under the second step of the departure analysis, but found remand unnecessary because the lower courts had already evaluated the evidence under the proper standard. Both Appellate Division orders were therefore affirmed without costs.