Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06025
People v Canty
Read the official decision: 2026 NY Slip Op 06025
Holding The Appellate Division affirmed the SORA court’s decision to adjudicate the defendant a level two sexually violent offender, finding no abuse of discretion in denying a downward departure. The court determined that the defendant’s treatment participation and other mitigating factors did not outweigh the egregiousness of the underlying offenses.
The court’s words
The court providently exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level
2026 NY Slip Op 06025, at the official text
Defendant failed to establish that his participation in sex offender treatment was so exceptional as to warrant a downward departure
2026 NY Slip Op 06025, at the official text
The other mitigating factors presented by defendant, including his work history and family support, were adequately taken into account
2026 NY Slip Op 06025, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06025 |
| Area of law | Sex Offender Registration · Criminal Law |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06025 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1284 |
Recommended citation
ESQ HQ, New York Law Watch, People v Canty, 2026 NY Slip Op 06025 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06025/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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