People v. Cabrera

2018 NY Slip Op 7538

Opinion

People v Cabrera (2018 NY Slip Op 07538)

People v Cabrera

2018 NY Slip Op 07538

Decided on November 8, 2018

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 on November 8, 2018
Friedman, J.P., Richter, Kahn, Oing, Moulton, JJ.

7556 3184/15

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

v

Juan Cabrera, Defendant-Appellant.

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

Darcel D. Clark, District Attorney, Bronx (Robert McIver of counsel), for respondent.

Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about October 21, 2016, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law Article 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The alleged mitigating factors cited by defendant, such as his age and low Static-99 score, were either adequately taken into account by the risk assessment instrument or outweighed by aggravating factors, including the seriousness of the underlying course of sexual conduct against a child (see

e.g. People v Rodriguez, 145 AD3d 489, 490 [1st Dept 2016], lv denied 28 NY3d 916 [2017]). Moreover, defendant's point score was nearly enough for a level three adjudication.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 8, 2018

CLERK