PEOPLE v. MIRANDA (2026)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about June 5, 2025, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure, and there is no basis for this Court to exercise its independent discretion to adjudicate defendant a level one offender (see People v Gillotti, 23 NY3d 841, 861 [2014] ).  Defendant's completion of sex offender treatment, the fact that he had not committed any prior violent or sex offenses, and his successful completion of his sentence and treatment were adequately accounted for by the risk assessment instrument (see People v Boubacar, 222 AD3d 409, 409–410 [1st Dept 2023], lv denied 41 NY3d 904 [2024];  see also People v Castillo, 211 AD3d 648, 648 [1st Dept 2022], lv denied 39 NY3d 912 [2023];  People v Ortega, 209 AD3d 540, 540 [1st Dept 2022], lv denied 39 NY3d 908 [2023] ).

Defendant also failed to establish that the community support he cites warrants a departure (see People v Alfonso, 247 AD3d 586, 586 [1st Dept 2026] ).  Furthermore, defendant's age at the time of the SORA hearing does not establish that he has only a minimal risk of reoffense, and we note that he was 50 years old when he committed the underlying offenses (see People v Fiavachay, 171 AD3d 527, 527 [1st Dept 2019], lv denied 33 NY3d 912 [2019] ).  Finally, although defendant presented evidence of certain health issues which the risk assessment instrument did not account for, he failed to show that these health issues sufficiently impact his risk of reoffense (see People v Ouanes, 241 AD3d 1127, 1127 [1st Dept 2025], lv denied 45 NY3d 906 [2026] ).

In any event, we find that the claimed mitigating factors were outweighed by the seriousness of defendant's sexual conduct against two young children (see People v Etheridge, 149 AD3d 446, 447 [1st Dept 2017], lv denied 29 NY3d 912 [2017] ).