PEOPLE v. SILVER (2026)

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

The PEOPLE of the State of New York, Respondent, v. Sheldon SILVER, Defendant–Appellant.

7346

Decided: October 22, 2026

Scarpulla, J.P., González, Rodriguez, Rosado, O'Neill Levy, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Adrienne Wells of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Catherine Marotta of counsel), for respondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about March 8, 2024, 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 (see People v Gillotti, 23 NY3d 841, 861 [2014] ). The purported mitigating factors referenced by defendant were adequately taken into account by the risk assessment instrument (see People v Bevel, 224 AD3d 430, 431 [1st Dept 2024], lv denied 42 NY3d 902 [2024]; see also People v Hooks, 241 AD3d 1177, 1177–1178 [1st Dept 2025], lv denied 45 NY3d 902 [2026]; People v Rivera, 234 AD3d 605 [1st Dept 2025]; People v Seales, 220 AD3d 494, 495 [1st Dept 2023, lv denied 40 NY3d 910 [2024]; People v Sadagheh, 214 AD3d 566, 566 [1st Dept 2023] ).

In any event, the purported mitigating factors were outweighed by the egregiousness of the underlying offense, in which defendant sexually abused a child over a period of years (see People v Etheridge, 149 AD3d 446, 446 [1st Dept 2017], lv denied 29 NY3d 912 [2017]; People v Goldbeck, 104 AD3d 567, 567 [1st Dept 2013], lv denied 21 NY3d 860 [2013] ).

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

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