People v. Katz

121 A.D.3d 593, 994 N.Y.S.2d 611

Opinion

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about March 19, 2013, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed defendant 20 points for the risk factor for relationship with victim. The People demonstrated by clear and convincing evidence that defendant established a relationship with the victim for the purpose of victimizing him (see People v Carlton, 307 AD2d 763 [4th Dept 2003]). The circumstances, including time factors, supported the inference that the relationship was formed for that purpose, and defendant’s denials presented a credibility question that the court properly resolved against him.

The court properly exercised its discretion when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). The alleged mitigating factors were outweighed by the seriousness of the underlying sex crime.

Concur — Friedman, J.E, Renwick, Manzanet-Daniels, Feinman and Kapnick, JJ.