People v. Guaman

136 A.D.3d 605, 25 N.Y.S.3d 604

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 25, 2016
• Docket: 336 2520/09
• Status: Published

Opinion

— Order, Supreme Court, New York County (Juan M. Merchan, J.), entered May 7, 2014, adjudicating defendant a level two sexually violent offender under the Sex Offender Registration Act, unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The only ground for departure cited by defendant is his deportation to Ecuador. However, we reject defendant’s argument that his deportation resulted in such a reduced risk to public safety as to warrant a downward departure (see People v Zepeda, 124 AD3d 417 [1st Dept 2015], lv denied 25 NY3d 902 [2015]).

Concur — Friedman, J.P., Sweeny, Saxe and Gische, JJ.