People v. Figueroa

2017 NY Slip Op 7418, 154 A.D.3d 593, 62 N.Y.S.3d 274

Opinion

Order, Supreme Court, New York County (Bonnie Wittner, J.), entered on or about April 11, 2016, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The level three adjudication was appropriate, and there is no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by the aggravating factors. Defendant’s course of sexual conduct against a very young child, and his involvement with child pornography, support the conclusion that he poses a threat to re-offend children.

Concur— Renwick, J.P., Kapnick, Gesmer and Kern, JJ.