People v Sanchez

Holding The court affirmed the defendant’s level two sex offender designation and the denial of a downward departure, but modified the order to remove the sexually violent offender designation. The court found that the evidence sufficiently supported the risk assessment points and that the significant age disparity between the parties precluded a downward departure based on the victim’s lack of consent.

The court’s words

the People bear the burden of establishing facts supporting the determination sought by clear and convincing evidence

2026 NY Slip Op 06152, at the official text

the People established by clear and convincing evidence that the defendant had a history of drug abuse

2026 NY Slip Op 06152, at the official text

a downward departure was not warranted on this ground

2026 NY Slip Op 06152, at the official text

the defendant should not have been designated a sexually violent offender

2026 NY Slip Op 06152, at the official text