People v. Carlo

2017 NY Slip Op 548, 146 A.D.3d 681, 44 N.Y.S.3d 906

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 26, 2017
• Docket: 2871 4366/10
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), rendered September 10, 2014, which adjudicated defendant a level two sexually violent sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]), in light of the seriousness of the underlying sex crime, committed with the use of force on a related minor, and defendant’s prior criminal history, which includes a violent felony conviction. Defendant failed to elaborate on his medical conditions or present any detailed evidence to suggest that a level two adjudication overassesses his dangerousness and risk of sexual recidivism (id. at 861). We have considered and rejected defendant’s remaining arguments for a downward departure.

Concur — Acosta, J.P., Mazzarelli, Feinman and Webber, JJ.