People v Lebron

Holding The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, rejecting the argument for a downward departure to level one. The court determined that the mitigating factors presented were either already accounted for by the risk assessment instrument or were outweighed by the heinous nature of the crime against a child.

The court’s words

The court providently exercised its discretion when it declined to grant a downward departure, and there is no basis for this Court to exercise its independent discretion to adjudicate defendant a level one offender

2026 NY Slip Op 05499, at the official text

The mitigating factors defendant relies on were either adequately accounted for by the risk assessment instrument or were outweighed by the heinous nature of defendant's crime against a child

2026 NY Slip Op 05499, at the official text

The court correctly found that the evidence presented by defendant did not establish the type of "exceptional" rehabilitation that has been found to support a downward departure

2026 NY Slip Op 05499, at the official text

Defendant's score near the bottom of the range for the level two designation, without more, is insufficient to warrant a downward departure in the type of circumstances here

2026 NY Slip Op 05499, at the official text