People v. Haines

2020 NY Slip Op 3596, 124 N.Y.S.3d 543, 184 A.D.3d 516

Opinion

People v Haines (2020 NY Slip Op 03596)

People v Haines

2020 NY Slip Op 03596

Decided on June 25, 2020

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 25, 2020
Friedman, J.P., Richter, Gesmer, Oing, Singh, JJ.

11693 1380/14

[*1] The People of the State of New York, Respondent,

v

Cesar Haines, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.

Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about April 20, 2018, which adjudicated defendant a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). Defendant, who was convicted of sex crimes against children in both the underlying case and a prior case, fails to demonstrate how the mitigating factors he cites would reduce his risk of reoffending or causing danger to the community. Although defendant will be subject to a lengthy period of postrelease supervision, we do not find that circumstance to warrant a departure (see People v Lewis, 143 AD3d 604 [1st Dept 2016], lv denied 28 NY3d 916 [2017].

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 25, 2020

CLERK