People v. Andrew A.

2020 NY Slip Op 05459, 187 A.D.3d 445, 129 N.Y.S.3d 784

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 6, 2020
• Docket: Ind No. 2742/07 Appeal No. 11946 Case No. 2019-03584
• Status: Published

Opinion

People v Andrew A. (2020 NY Slip Op 05459)

People v Andrew A.

2020 NY Slip Op 05459

Decided on October 06, 2020

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: October 06, 2020
Before: Friedman, J.P., Webber, Kern, Moulton, JJ.

Ind No. 2742/07 Appeal No. 11946 Case No. 2019-03584

[*1]The People of the State of New York, Respondent,

v

Andrew A., Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about May 2, 2019, which adjudicated defendant a level three sexually violent offender pursuant to 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 a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by defendant's criminal history and the gravity of the underlying

crime, which was committed against a child. Defendant failed to establish that his age makes him unlikely to reoffend.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 6, 2020