People v Johnson

Holding The court affirmed the determination that the defendant is a level two risk under the Sex Offender Registration Act, rejecting the request for a downward departure. The court found that the totality of the circumstances, including the defendant’s age and transfer of material, did not warrant a departure from the presumptive risk level.

The court’s words

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

2026 NY Slip Op 04643, at the official text

his lack of a criminal record and strong family support network do not constitute proper mitigating factors inasmuch as those circumstances were adequately taken into account by the risk assessment guidelines

2026 NY Slip Op 04643, at the official text