People v. Afrane

135 A.D.3d 647, 23 N.Y.S.3d 570

Opinion

Order, Supreme Court, Bronx County (Alberto Lorenzo, J.), entered on or about December 17, 2014, which adjudicated defendant a level three sexually violent offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant defendant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant did not warrant a departure, given the seriousness of the underlying sex crimes that defendant repeatedly committed against his young stepdaughter. Concur — Mazzarelli, J.P., Friedman, Acosta and Andrias, JJ.