People v. Gudino

134 A.D.3d 468, 19 N.Y.S.3d 886

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 8, 2015
• Docket: 16338 4330/10
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered April 11, 2014, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Initially, we reject the People’s argument that, because defendant has been deported, we should decline to hear his appeal (see People v Edwards, 117 AD3d 418 [1st Dept 2014]).

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure under the totality of the circumstances, including the egregiousness of the underlying sex crime against a child. Concur — Tom, J.P., Friedman, Saxe and Gische, JJ.