People v. Erving

124 A.D.3d 447, 998 N.Y.S.2d 191

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 13, 2015
• Docket: 13933 1163/06
• Status: Published

Opinion

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about January 14, 2011, which adjudicated defendant a level three sexually violent predicate offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly applied the presumptive override for a prior felony sex crime conviction, and defendant’s completion of a sex offender treatment program while in prison and his relatively minor disciplinary history while incarcerated did not warrant a downward departure. In addition to the underlying sex crime conviction, defendant had two prior felony sex convictions, and all three cases involved similar violent behavior, demonstrating a serious threat of recidivism (see e.g. People v Torres, 90 AD3d 442 [1st Dept 2011], lv denied 18 NY3d 809 [2012]).

Concur — Tom, J.E, Friedman, Acosta, Saxe and Kapnick, JJ.