People v. Green

Summary

The court held that strong family support and gainful employment may qualify as mitigating circumstances supporting a downward departure from a presumptive sex-offender risk level, even when the offender received zero points for the related risk factor. It nevertheless affirmed because the defendant failed to prove by a preponderance of the evidence that those circumstances reduced his risk to the degree required for departure. The court also held that the Appellate Division did not abuse its discretion in denying the departure request.