People v. Brunson

143 A.D.3d 431, 38 N.Y.S.3d 415

Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on January 8, 2014,. which adjudicated defendant a level three predicate sex 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 from the presumptive override to level three for a prior felony sex crime conviction (see People v Gillotti, 23 NY3d 841 [2014]). The egregiousness of the underlying sex crime against a child, as well as that of the predicate crime, likewise against a child, outweighed the mitigating factors cited by defendant. Concur — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.