People v Cuenca

Holding The court affirmed the designation of the defendant as a level two sex offender, finding that he failed to demonstrate by a preponderance of the evidence that his response to treatment was exceptional or that other mitigating factors warranted a downward departure from the presumptive risk level.

The court’s words

the defendant failed to demonstrate by a preponderance of the evidence that [his] response to sex offender counseling was exceptional

2026 NY Slip Op 05816, at the official text

The defendant's lack of force or violence used in the commission of the crime and his acceptance of responsibility were adequately taken into account under the Guidelines

2026 NY Slip Op 05816, at the official text

The fact that the defendant was assessed points at the low end of the range for a presumptive risk level two designation does not warrant a downward departure

2026 NY Slip Op 05816, at the official text