PEOPLE v. ANAYA (2026)

Order, Supreme Court, New York County (Laura A. Ward, J.), entered on or about September 11, 2023, which denied defendant's Correction Law § 168–o(2) petition to modify his sex offender classification, unanimously affirmed, without costs.

Defendant has presented no basis for this Court to exercise its independent discretion to grant a downward modification of defendant's risk level.  The mitigating factors cited by defendant — including his participation in various treatment programs, lack of sexual offense convictions since 2000, and lack of criminal convictions since 2016 — are outweighed by the seriousness of the underlying offense and his pattern of recidivism (see People v. Johnson, 246 A.D.3d 518, 518, 248 N.Y.S.3d 223 [1st Dept. 2026];  People v. Vazque, 237 A.D.3d 567, 567–568, 229 N.Y.S.3d 436 [1st Dept. 2025], lv denied 44 N.Y.3d 907, 2025 WL 3263729 [2025] ).

Moreover, defendant failed to establish that his age, health, and family support reduced his likelihood of reoffense.  Defendant incurred three convictions after meeting and moving in with his partner and her family, and failed to submit evidence that his health conditions would eliminate any significant risk of re-offense (see People v. Ouanes, 241 A.D.3d 1127, 1127, 241 N.Y.S.3d 649 [1st Dept. 2025], lv denied 45 N.Y.3d 906, 2026 WL 1465083 [2026]; Vazque, 237 A.D.3d at 568, 229 N.Y.S.3d 436; People v. Vega, 115 A.D.3d 461, 462, 981 N.Y.S.2d 530 [1st Dept. 2014], lv denied 23 N.Y.3d 905, 2014 WL 2580152 [2014] ).