People v Lopez

Holding The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court providently exercised its discretion in denying a downward departure. The court determined that the mitigating factors cited by the defendant were adequately considered by the risk assessment instrument and did not warrant an exceptional response.

The court’s words

The court providently exercised its discretion when it declined to grant a downward departure

2026 NY Slip Op 06531, at the official text

The mitigating factors cited by defendant, including his participation in sex offender treatment, satisfactory conduct while incarcerated, the intrafamilial nature of the offense, and family support, were adequately taken into account by the risk assessment instrument

2026 NY Slip Op 06531, at the official text

evidence of defendant's participation in sex offender treatment for the six months immediately prior to the hearing, at an "acceptable" level does not demonstrate an exceptional response

2026 NY Slip Op 06531, at the official text

Nor has defendant submitted proof that his age has caused any physical condition that diminished his ability to reoffend

2026 NY Slip Op 06531, at the official text

The court providently denied a downward departure in light of the seriousness of the underlying course of sexual conduct committed against his own daughter over an eight-year period beginning when she was six years old

2026 NY Slip Op 06531, at the official text

the evaluation has "only limited value because it fails to account for the seriousness of an offender's crime or the harm that could be inflicted in the event of reoffense"

2026 NY Slip Op 06531, at the official text