PEOPLE v. CANTY (2026)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. James CANTY, Defendant–Appellant.

Ind. No. 5346 /16

Decided: October 15, 2026

Manzanet–Daniels, J.P., Shulman, Rodriguez, Higgitt, Rosado, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Alec D. Miran of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Addison Eisley of counsel), for respondent.

Order, Supreme Court, New York County (Keshia J. Espinal, J.), entered on or about May 28, 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 in declining to grant a downward departure from defendant's presumptive risk level (see People v. Gillotti, 23 NY3d 841, 861 [2014] ). We perceive no basis to substitute our own discretion for that of the SORA court. Defendant failed to establish that his participation in sex offender treatment was so exceptional as to warrant a downward departure (see People v. Santos, 242 AD3d 528, 528 [1st Dept 2025], lv denied 45 NY3d 903 [2026]; People v. Alcantara, 154 AD3d 532, 532 [1st Dept 2017], lv denied 30 NY3d 908 [2018] ).

The other mitigating factors presented by defendant, including his work history and family support, were adequately taken into account by the SORA board or were not established by the preponderance of evidence to justify a downward departure (see People v. Bevel, 224 AD3d 430, 431 [1st Dept 2024], lv denied 42 NY3d 902 [2024] ). Further, the mitigating factors offered by defendant were outweighed by the egregiousness of the underlying offenses (see People v. Ramos, 199 AD3d 423, 424 [1st Dept 2021], lv denied 38 NY3d 903 [2022]; People v. Santiago, 165 AD3d 540, 540 [1st Dept 2018] ).

We have considered defendant's remaining arguments and find them unavailing.

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