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DEFENDANT’S “EXCEPTIONAL RESPONSE” TO THE “SEX OFFENDER COUNSELING AND TREATMENT PROGRAM” WARRANTED A DOWNWARD DEPARTURE FROM A LEVEL TWO SEX OFFENDER TO A LEVEL ONE SEX OFFENDER (THIRD DEPT). ​

The Third Department, reversing County Court, determined defendant was entitled to a downward departure from a level two sex offender to a level one sex offender based on his successful participation in sex offender treatment:

… [D]efendant submitted the monthly evaluations prepared by his instructor in his Sex Offender Counseling and Treatment Program. In the six monthly evaluations, defendant was awarded 95 out of a maximum of 96 points available, placing him in the “highly motivated” classification for each month, the highest category. Further, the instructor consistently praised defendant’s participation, including comments that defendant “continues to engage positively in program [and] exceed all program standards,” “continues to excel in program” and “continues to meet [and] exceed all program standards.” Given his nearly perfect score and the positive comments from his instructor, we conclude that defendant has demonstrated, by a preponderance of the evidence, an exceptional response to treatment so as to be a basis for a downward departure … . People v Mikalonis, 2026 NY Slip Op 03210, Third Dept 5-21-26

 

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