People v. Taveres - Sex Offender Classification
Summary
The Appellate Division of the Supreme Court of New York affirmed an order adjudicating Rolando Taveres a level two sexually violent offender under the Sex Offender Registration Act. The court found sufficient evidence for the risk assessment and declined to grant a downward departure.
What changed
The Appellate Division of the Supreme Court of New York, First Department, affirmed a lower court's decision to classify Rolando Taveres as a level two sexually violent offender under the Sex Offender Registration Act (SORA). The court found that the assessment of 25 points under risk factor 2 was supported by clear and convincing evidence, including the victim's testimony and the SORA Board's case summary. The court also upheld the decision to deny a downward departure, citing the seriousness of the crime against a child.
This decision has implications for individuals classified under SORA, reinforcing the criteria and discretion involved in risk assessment and offender level determination. While this specific case affirms a prior adjudication, it highlights the importance of thorough documentation and evidence in SORA proceedings. Regulated individuals should be aware that mitigating factors may be outweighed by the severity of the underlying offense, particularly when the victim is a child. There are no immediate compliance actions required for other entities based on this specific opinion, but it serves as a precedent for how SORA classifications are reviewed and upheld.
What to do next
- Review case law regarding SORA risk assessment and downward departure criteria in New York.
- Ensure all SORA documentation and evidence are robust and clearly support the assessed risk level.
- Consult with legal counsel on any pending or potential SORA classification matters.
Source document (simplified)
Jump To
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 3, 2026 Get Citation Alerts Add Note
People v. Taveres
Appellate Division of the Supreme Court of the State of New York
- Citations: 2026 NY Slip Op 01171
Docket Number: Ind. No. 4241/15; Appeal No. 5981; Case No. 2024-00426
Combined Opinion
People v Taveres (2026 NY Slip Op 01171)
| People v Taveres |
| 2026 NY Slip Op 01171 |
| Decided on March 03, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: March 03, 2026
Before: Webber, J.P., Shulman, Higgitt, Rosado, Hagler, JJ.
Ind. No. 4241/15|Appeal No. 5981|Case No. 2024-00426|
*[1]The People of the State of New York, Respondent,
v
Rolando Taveres, Defendant-Appellant.**
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Rina DeFrancesco of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Ethan Solomon of counsel), for respondent.
Order, Supreme Court, New York County (Angela Badamo, J.), entered on or about December 1, 2023, 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 properly assessed defendant 25 points under risk factor 2. The SORA Board's case summary, along with the six-year-old victim's testimony before the grand jury, established by clear and convincing evidence that defendant engaged in sexual intercourse with the victim (see People v Mingo, 12 NY3d 563, 571-574 [2009]; see also People v Brown, 235 AD3d 101, 115 [1st Dept 2024], lv denied 43 NY3d 929 [2025]).
The court providently exercised its discretion in declining to grant a downward departure (see generally People v Gilloti, 23 NY3d 841, 861 [2014]), and we perceive no basis to substitute our discretion for that of the court. The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the seriousness of the underlying crime, which was committed against a young child (see People v Bevel, 224 AD3d 430, 431 [1st Dept 2024], lv denied 42 NY3d 902 [2024]; People v Hernandez, 205 AD3d 485, 485 [1st Dept 2022]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: March 3, 2026
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get State Courts alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when New York Appellate Division publishes new changes.