The New York Appellate Division of the Supreme Court has upheld the designation of Joshua Velez as a level three sexually violent predator. The ruling, issued on May 14, 2026, affects Velez's future and has implications for community safety. This decision is significant as it reinforces the state's commitment to monitoring high-risk sex offenders under the Sex Offender Registration Act.
Velez's case originated from a July 2020 ruling by the Supreme Court in Bronx County, which classified him as a level three sex offender. This designation is the highest risk level under the law, indicating a high likelihood of reoffending. The court's decision to affirm this classification means that Velez will remain subject to strict registration and monitoring requirements.
The dispute in this case centers around Velez's challenge to the risk assessment used to determine his level of risk. He argued that the assessment of points based on his age at the time of his first sex crime violated his right to due process. However, the court found that this argument was not preserved for review, meaning it could not be considered at this stage. The court also noted that Velez did not present sufficient grounds for a downward departure from the level three designation.
In its ruling, the court stated, "The SORA court providently exercised its discretion in denying defendant's request for a downward departure," highlighting that the mitigating factors presented by Velez were already considered in the risk assessment process. The ruling emphasized that the seriousness of Velez's offenses outweighed any mitigating circumstances. Specifically, Velez raped a 16-year-old girl just three weeks after being placed on probation for sexually abusing another 16-year-old girl.
The judges involved in this ruling included Justices Manzanet-Daniels, Kennedy, Friedman, Gesmer, and Rosado. Their decision to affirm the lower court's ruling was unanimous and did not impose any costs on either party.
This ruling has significant implications for Velez and others in similar situations. By maintaining the level three designation, the court has reinforced the importance of public safety and the need to monitor high-risk offenders closely. Such decisions aim to protect the community from potential threats posed by individuals with a history of sexual violence.
The ruling also reflects the court's stance on the seriousness of sexual offenses and the importance of considering the context of each case. The Appellate Division's decision serves as a reminder that the legal system takes such matters seriously and prioritizes the safety of victims and the community.
Looking ahead, Velez has the option to appeal this decision to a higher court, although the likelihood of success in such an appeal remains uncertain. As of now, there are no related cases pending that could impact this ruling directly. However, the decision may influence future cases involving sex offender risk assessments and the criteria used to determine risk levels.