People v. Fernandez

126 A.D.3d 453, 2 N.Y.S.3d 357

Opinion

Order, Supreme Court, New York County (Laura A. Ward, J.), entered on or about October 13, 2011, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level two adjudication. Defendant’s course of conduct supports the inference that he established a relationship with a child for the purpose of victimization (see People v Katz, 121 AD3d 593 [1st Dept 2014]). The risk factor for a history of drug abuse was established by a combination of defendant’s admissions and criminal history (see People v Harden, 60 AD3d 486 [1st Dept 2009], lv denied and dismissed 12 NY3d 899 [2009]).

We also find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). We do not find that there were any overassessments of points, and the mitigating factors cited by defendant are outweighed by the seriousness of the underlying crime.

Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Clark and Kapnick, JJ.