People v. Burgos

123 A.D.3d 615, 996 N.Y.S.2d 917

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 23, 2014
• Docket: 13823 2729/03
• Status: Published

Opinion

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about October 20, 2011, which adjudicated defendant a level two 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 to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s conduct and accomplishments while incarcerated were not so extraordinary as to warrant a departure from his presumptive risk level, given the seriousness of the underlying crime against a five-year-old child.

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.