By Michele Evans / NYweeklyRecord.com / Date: 10/29/2026
Category: Criminal Courts / Corrections / Court Administration / Public Safety
NEW YORK CITY, NY – A New York appellate court has reversed a judge’s decision to classify a convicted sex offender at the state’s highest risk level, finding prosecutors did not prove the aggravating circumstances required for the increase.
The Appellate Division, Second Department, ruled Wednesday that George Call must be classified as a level two offender instead of level three under New York’s Sex Offender Registration Act.
Call pleaded guilty to two counts of second-degree rape involving sexual relations with a 14-year-old girl. He was 31 when the conduct began in 2012, according to the decision.
At his risk-level hearing, the assessment instrument assigned Call 80 points, which placed him at a presumptive level two. Dutchess County Court rejected his request for a reduction to level one but granted prosecutors’ request to move him up to level three.
The appellate panel said the upward departure could not stand. Prosecutors were required to prove, by clear and convincing evidence, an aggravating factor showing a greater risk of reoffense or danger that the assessment guidelines did not already account for.
The court found that prosecutors failed to identify such a factor. It said the continuing nature of Call’s relationship with the victim did not establish a higher likelihood of reoffense and, under prior decisions, tended in the other direction for risk-assessment purposes.
That legal conclusion does not erase the conviction or minimize the abuse of a child. The panel separately upheld the denial of Call’s effort to obtain the lowest classification, citing the substantial age gap between the 31-year-old man and the 14-year-old victim.
New York uses three risk levels to regulate public access to registry information and other reporting obligations. Level two represents a moderate assessed risk of reoffense. Level three represents a high assessed risk and a threat to public safety.
The decision underscores that sex-offender classifications must follow the state’s evidentiary rules, even in cases involving serious crimes. Courts may depart from a presumptive score, but they must identify a legally valid factor and support it with the required proof.
For the public, the ruling means Call remains in the online registry as a level two offender. For the court system, it is a warning that a higher label cannot be imposed simply because the underlying conduct is disturbing. The risk determination must be tied to evidence the guidelines do not already measure.
Sources
People v. Call, New York Appellate Division, Second Department
Leave a Reply