People v. Bonds

137 A.D.3d 456, 25 N.Y.S.3d 878

Opinion

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about July 25, 2013, 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.

Regardless of whether defendant’s correct point score is 140 or, as he claims, 115 points, we find no basis for a discretionary downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors raised by defendant were adequately accounted for in the risk assessment instrument, or were outweighed by the seriousness of defendant’s underlying offenses.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.