People v Canady

Holding The court affirmed the defendant’s designation as a level three sexually violent offender, rejecting the argument that age-based risk factors should be ignored based on scientific research. Although the lower court’s findings were insufficient, the upward departure was justified by the severity of the defendant’s conduct, including rape and murder.

The court’s words

defendant's argument that courts should decline to assess the points required under this risk factor based on recent scientific research showing that young age at the time of offense reduces rather than raises the likelihood of recidivism raises a policy dispute that is not within the scope of judicial authority

2026 NY Slip Op 06556, at the official text

Supreme Court did not adequately set forth its findings of fact and conclusions of law concerning its decision to grant the upward departure and deny defendant's motion for a downward departure

2026 NY Slip Op 06556, at the official text

the rape and sexual abuse of a 14-year-old female, followed by the intentional murder of the female caregiver of his child by stabbing her 28 times while he was on parole

2026 NY Slip Op 06556, at the official text