People v Miranda

Holding The court affirmed the adjudication of the defendant as a level two sexually violent offender, finding that the trial court properly declined a downward departure. The appellate court determined that the defendant’s mitigating factors, including treatment completion and health issues, were adequately accounted for by the risk assessment and outweighed by the seriousness of his conduct.

The court’s words

The court providently exercised its discretion when it declined to grant a downward departure

2026 NY Slip Op 05491, at the official text

Defendant's completion of sex offender treatment, the fact that he had not committed any prior violent or sex offenses, and his successful completion of his sentence and treatment were adequately accounted for by the risk assessment instrument

2026 NY Slip Op 05491, at the official text

defendant's age at the time of the SORA hearing does not establish that he has only a minimal risk of reoffense

2026 NY Slip Op 05491, at the official text

the claimed mitigating factors were outweighed by the seriousness of defendant's sexual conduct against two young children

2026 NY Slip Op 05491, at the official text