People v. Horsford

138 A.D.3d 458, 27 N.Y.S.3d 872

Opinion

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 18, 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.

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 are inadequately substantiated, and are in any event outweighed by the seriousness of the underlying sex crime and defendant’s prior record.

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Kapnick and Webber, JJ.