The People v. Herman Anthony

Summary

The Court affirmed the level-three sexually violent offender designation because the Appellate Division properly considered defendant's mitigating evidence and did not abuse its discretion in finding that the totality of the circumstances did not warrant a downward departure. Although Supreme Court used the wrong burden of proof for the departure application, the error was not preserved and the Appellate Division applied the correct preponderance standard. The Court declined to decide when evidence relevant to a zero-point risk factor may also support a downward departure.