People v Berta

Holding The court affirmed the designation of the defendant as a level three sex offender, finding that he failed to establish that his age or health issues warranted a downward departure from the presumptive risk level. The appellate court determined that the defendant did not demonstrate that these factors resulted in an overassessment of his risk to public safety.

The court’s words

the defendant failed to establish that a downward departure was warranted

2026 NY Slip Op 05983, at the official text

an offender must demonstrate that a purported medical condition and/or age at the time of the SORA determination resulted in the overassessment of the offender's risk to public safety

2026 NY Slip Op 05983, at the official text

The defendant's alleged health issues also did not constitute an appropriate mitigating factor

2026 NY Slip Op 05983, at the official text