People v Silver

Holding The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court properly declined to grant a downward departure. The court determined that the risk assessment instrument adequately accounted for the defendant’s mitigating factors, which were outweighed by the egregiousness of the underlying child abuse offense.

The court’s words

The court providently exercised its discretion in declining to grant a downward departure

2026 NY Slip Op 06220, at the official text

The purported mitigating factors referenced by defendant were adequately taken into account by the risk assessment instrument

2026 NY Slip Op 06220, at the official text

the purported mitigating factors were outweighed by the egregiousness of the underlying offense

2026 NY Slip Op 06220, at the official text